Gajanan Pandit Gavali v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:13403-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO. 6652 OF 2024 GAJANAN PANDIT GAVALI

VERSUS

THE STATE OF MAHARASHTRA THROUGH IT'S SECRETARY AND OTHERS Mr.GK.Chinchole, Advocate for the Petitioner. Mr.V.M.Kagne, AGP for the Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : JULY 4, 2024 PER COURT :

1.

The Petitioner is in employment as Clerk. He was selected to a post which is reserved for the Scheduled Tribe category. His appointment was made on 11.03.2013. The employer had issued him a notice dated 19.06.2024, calling upon him to produce his tribe validity certificate within 30 days.

2.

The claim of the Petitioner of belonging to "Koli Mahadev" Schedule Tribe is pending adjudication with Respondent No.2 / Committee. The learned AGP submits that the claim would be decided khs/July 2024/6652

- 2 - within 9 months.

3.

In view of the above, this Writ Petition is disposed off with a direction to the Committee to decide the pending claim of the Petitioner on or before 31st March, 2025. Until then, the services of the Petitioner would not be terminated by Respondent Nos. 3 and 4, solely on the condition that the Petitioner would tender an affidavit undertaking to the Management as well as before this Court, within 14 days from today, declaring therein that he would not claim any increment / pay fixation / promotion / service benefits etc. until his claim is validated by the Committee or by the Court. If not filed, this protection shall not continued.

( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2024/6652