Quadri Sanjeeda Begum Syed Mohammed Sadat Ali Shah v. The State Of Maharashtra And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5383 OF 2013 QUADRI SANJEEDA BEGUM SYED MOHAMMED SADAT ALI SHAH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mrs. A.N. Ansari AGP for respondent Nos.1 and 2 : Mrs. A.V. Gondhalekar. Advocate for respondent No.3 : Mr. U.B. Bondar. --- CORAM : MOHIT S. SHAH, C.J.

& RAVINDRA V. GHUGE, J.

DATE : 24TH MARCH, 2015.

PER COURT:

1] Heard.

2] The petitioner was appointed to the post of Shikshan Sevak by order dated 10th March, 2008 issued by respondent No. 3 - Zilla Parishad, Kolhapur, after issuing advertisement and after conducting the selection process. Petitioner's appointment was against a post reserved for VJ-A Category. However, the appointment was subject to the petitioner submitting her Caste Validity Certificate.

3] Petitioner's appointment was for a period of 3 years on fixed remuneration of Rs.6,000/- p.m. and it was expected that within a period of

{2} 3 years, petitioner's case would be taken by for consideration by the Divisional Caste Certificate Scrutiny Committee - 2, Latur Division, Latur. However, even after expiry of 3 years, petitioner's case was not considered by the Caste Certificate Scrutiny Committee, Latur. Therefore, the petitioner filed the present petition seeking direction to the Caste Certificate Scrutiny Committee to decide the petitioner's claim.

4] In view of interim directions given by this Court on 21st March, 2014, the Scrutiny Committee has decided the petitioner's case and issued the Caste Validity Certificate dated 13th June, 2014 in favour of the petitioner as belonging to Vimukta Jati. Learned counsel for the petitioner accordingly has placed on record a copy of the said certificate dated 13th June, 2014. Same is taken on record and marked "X" for identification. 5] Learned counsel for the petitioner submits that in view of the above validity certificate, respondents ought to regularize the petitioner's services and pay the petitioner regular salary and also pay the arrears of difference of salary on that basis, upon completion of 3 years in March, 2011.

6] In view of the above, having heard the learned counsel for the petitioner, learned counsel for respondent No.3 - Zilla Parishad, Kolhapur and the learned AGP, we direct the respondent No.3 to grant petitioner all consequential benefits, including regularization, fixation of pay scale and

{3} payment of arrears of difference of salary, on the basis of certificate of validity dated 13th June, 2014, issued by the Caste Certificate Scrutiny Committee, Latur in favour of the petitioner, as expeditiously as possible and in any case, within 2 months from the date of receipt of this order [RAVINDRA V. GHUGE,J.] CHIEF JUSTICE grt/-