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Bombay High CourtWP/8070/2022disposed off

Dulaji Shivaji Budhaware v. The State Of Maharashtra Through Its Secretary And Others

2022-08-04Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker2 pages

WP No. 8070/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 WRIT PETITION NO.8070 OF 2022 DULAJI SHIVAJI BUDHAWARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. V. M. Maney AGP for Respondent nos. 1 to 5 : Mr. A.R. Kale ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : AUGUST 04, 2022.

PER COURT :

1.

Leave to correct the description of respondent no. 5 and the prayer clause. Correction be carried out forthwith. 2.

The learned AGP represents respondent Nos. 1 to 5. 3.

The petitioner has prayed for arrears of salary, considering the order dated 18.9.2020 issued by respondent no. 1 - Department. His name appears at Sr. No. 5 in the said order. The petitioner categorically states that he has acquired the qualification of TET. It is also conceded that he was selected and appointed on the post of Shikshan Sevak and presently is working as Assistant Teacher, reserved for scheduled tribe category and belongs to the 'Koli Mahadev' scheduled tribe.

4.

Since 2016, the petitioner's claim for validation is pending before respondent no. 2 - committee. We deem it appropriate to

WP No. 8070/22 issue a shorter time line to the committee to decide the proceedings of the present petitioner.

5.

In view of the above, this petition is disposed off, with the following directions :- (A) The pending claim of the petitioner shall be given priority and shall be decided as expeditiously as possible and in any case, on or before 30th December, 2022.

(B) Respondent no. 5 shall initiate steps to clear the salary of the petitioner in the light of the communication dated 18.9.2020, on or before 15th September, 2022.

6.

Needless to state that the petitioner would not be entitled to any further service benefits on the ground that he belongs to 'Koli Mahadev' scheduled tribe category, until the pending claim for validation is decided.

[ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/