Nirmala Uttamrao Totewad v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6947 OF 2016 Nirmala d/o Uttamrao Totewad Age 24 years, Occu: Service (As Gram Sevak) R/o Panchayat Samiti, Majalgaon, Tq. Majalgaon, Dist. Beed

VERSUS

1. The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Mumbai 400 032

2. The Committee for Scrutiny and Verification of Tribe Claims, Through its Deputy director (Research), Aurangabad.

3. The Chief Executive Officer, Zilla Parishad, Beed.

4. The Deputy Chief Executive Officer, Zilla Parishad, Beed.

... Respondents.

Mr. Arun H. Koralkar, Advocate for the petitioner. Mr. M. B. Bharaswadkar, AGP for the respondents State. Mr. P. D. Suryawanshi, Advocate for respondents 3 & 4.

CORAM

: R. M. BORDE & K. L. WADANE, JJ.

DATE :

4th August, 2016 JUDGMENT:

1.

Heard the learned counsel for the parties.

2.

Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the 1/3

petition is taken up for final disposal at the admission stage.

3.

The petitioner came to be appointed as Gramsevak with respondent No.4 - Zilla Parishad, Nanded. Since the petitioner was appointed against reserved category, she was directed to submit caste validation proposal within prescribed period. The petitioner contends that, the proposal tendered by the employer for verification of the tribe certificate is pending consideration with the respondent No.2 Scrutiny Committee and the proposal has not yet been finally decided. In the facts of the case, this petition can be disposed of by directing the respondent No.2 Scrutiny Committee to take decision in respect of caste validation claim of the petitioner as expeditiously as possible, preferably within a period of one year from today and it is accordingly directed.

4. The petitioner contends that, in view of clause 10 of the appointment order, on completion of three years of continuous service, the services of the petitioner are liable to be regularised subject to availability of the post. The petitioner submits that the posts are available and since she has completed three years service, her services are liable to be regularised 2/3

provisionally subject to submission of the caste validation certificate.

5.

In the facts of the case, the respondent No.3 is directed to provisionally regularise the services of the petitioner subject to furnishing the caste validation certificate on declaration of the decision of the Caste Scrutiny Committee and subject to availability of the post.

6.

Rule is accordingly made absolute in terms of the directions issued as above. There shall be no order as to costs.

(K. L. WADANE, J.) (R. M. BORDE, J. ) JPC 3/3