Ramdas Shankar Lendewad v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:16897-DB 922-WP-7643-2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 922 WRIT PETITION NO. 7643 OF 2025 RAMDAS SHANKAR LENDEWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....
Mr. S. M. Vibhute, Advocate for the Petitioner Mr. M. M. Nerlikar, Addl. G.P. for the Respondents - State ....
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 26.06.2025 PER COURT :- 1.
The Petitioner is in employment with the Pune Municipal Corporation. He secured employment as a Clerk-Typist on 04.01.2023 on the basis of the claim that he belongs to "Mannervarlu" Scheduled Tribe category. The post was reserved for the said category and the Petitioner was inducted in employment. However, now his claim is pending validation and he is enjoying the fruits of employment. Since no validity certificate is tendered in the past two and half years, the Petitioner is under the threat of termination.
(( 2 )) 2.
The learned Advocate for the Petitioner tenders an affidavit undertaking dated 26.06.2025, stating therein that since he is a probationer, he would not seek regularization, increments, pay fixation, promotion, service benefits etc., until his tribe claim is validated. The said affidavit (3 pages) is taken on record and marked as 'X' for identification. Based on such affidavit, the Petitioner prays for protection of his service.
3.
The claim of the Petitioner is pending with the Competent Committee for validation, since 24.01.2023.
4.
The learned Additional Government Pleader submits that the Vigilance Cell inquiry is pending. This is the first claim by a person from the paternal side belonging to the Petitioner's clan. Hence, the case has to be investigated properly and the Committee would not arrive at a decision in a hurried manner. 5.
In view of the above, this Writ Petition is disposed off with the following directions:- (a) For easy correspondence between the Petitioner and the Committee, the Petitioner tenders his is e-mail address as under:-
(( 3 )) ramlendewad143@gmail.com (b) Both the parties would enter into correspondence through e-mail for ease of correspondence;
(c) The Committee shall deliver the Vigilance Cell inquiry report to the Petitioner via e-mail, on or before 15.09.2025;
(d) The hearing on the Vigilance Cell report would be concluded by 15.10.2025;
(e) A final decision of the Committee would be pronounced on or before 31.12.2025 and a copy thereof would be supplied to the Petitioner on his e-mail address. (f) The Petitioner undertakes to refrain from seeking adjournments on unreasonable and trivial grounds and render full cooperation to the Committee.
(g) Since the affidavit 'X' has been filed, the Petitioner would tender a copy of the said affidavit to Respondent No.3 employer within 15 days from today and in the light of the said affidavit, the service of the Petitioner would not
(( 4 )) be terminated only for the reason that he does not have a validity certificate .
(h) Needless to state, the contents of the undertaking and this order would bind the Petitioner until his claim is validated by the Committee or by this Court, in the event of the rejection of his claim by the Committee. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS