Lavkush Kerba Nilewad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7527 OF 2016 Lavkush S/o Kerba Nilewad Age: 38 years, occu: service, R/o Hadolti Tq. Ahmedpur, Dist. Latur At present Palam, Tq. Palam, Dist. Parbhani Petitioner

Versus

The State of Maharashtra Through Secretary to Rural Development Department, Mantralaya, Mumbai The Chief Executive Officer, Zilla Parishad Parbhani Dist. Parbhani The Block Development Officer, Panchayat Samiti Palam, Tq. Palam, Dist. Parbhani The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad through Its Dy. Director (R) Aurangabad Respondents Mr.S.M. Vibhute advocate for the petitioner Mr.A.R.Kale, Assistant Government Pleader for Respondent No.1 Mr. D.P. Dama Advocate for respondent Nos.2 and 3 _______________ CORAM : R.M. BORDE & K.L.WADANE, JJ (Date : 18 th July, 2016 .)

{2} ORAL JUDGMENT (Per: R.M. Borde, J) Heard.

Rule. With the consent of the parties, petition is taken for final decision at admission stage.

The petitioner claims to belong to Koli Mahadev, scheduled tribe (ST). He has been appointed as a contractual Gramsevak by Zilha Parishad, Parbhani, as against a seat earmarked for ST category. The tribe certificate issued to the petitioner has been referred for verification to respondent No.4 committee and the claim is stated to be pending.

Respondent No.4 is directed to take decision on the tribe certificate verification proposal of the petitioner pending with the committee, as expeditiously as possible and preferably within a period of 8 weeks from today.

According to the petitioner, condition No.6 of the letter of appointment stipulates regularization of employment of the petitioner as a Gramsevak on condition of satisfactory completion of service for three years as a contractual Gramseak. Respondent Nos.2 and 3 shall consider the claim of the petitioner for

{3} regularization of the employment of the petitioner as Gramsevak, subject to fulfillment of other requirements and the claim of the petitioner for regularization would not be turned down merely on the ground of his failure to submit tribe validation certificate. The respondent shall take decision in respect of regularization of employment of the petitioner within a period of six weeks from today and the petitioner shall be paid monetary benefits accruable to him on regularization of services as Gramsevak. The continuation of employment of the petitioner and the order of regularization shall be subject to result of the tribe certificate verification claim pending with the committee. Rule is made absolute accordingly.

No costs.

(K.L.WADANE, J) (R.M.BORDE, J) vbd