Sachin Sayabu Andelwad v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:16598-DB 18wp7479-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 WRIT PETITION NO. 7479 OF 2024 SACHIN SAYABU ANDELWAD

VERSUS

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

Mr. C. R. Thorat, Advocate for the Petitioner Mr. S. K. Tambe, AGP for the Respondents State.

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 29th July, 2024 ORDER:

1.

The Petitioner claims to be belonging to the 'Mannervarlu' Scheduled Tribe category. His proposal for seeking validity certificate, was forwarded on 25.05.2017. He has recently joined employment, on 03.04.2024. He is likely to be terminated if the validity certificate is not produced. He is willing to tender an affidavit undertaking, stating that he may be continued on probation and would not be entitled for any regularization/confirmation, pay increments, pay fixation, service benefits, promotion, etc., until his claim is validated either by the Committee or by the Court.

2.

In view of the above, this Writ Petition is disposed off with the following directions.

(a) The Petitioner shall appear before the Committee on such date as may be communicated to him by the Committee, on his e-mail /WhatsApp.

18wp7479-24 (b) For easy correspondence, the Petitioner has tendered his email address as andelwadsachin@gmail.com. He has also tendered his Cell Phone number as 9423490467 and agrees to receive communications or correspondence from the Committee and vice-versa.

(c) The Committee shall decide the claim of the Petitioner on or before 28.02.2025.

(d) The Petitioner would render wholehearted co-operation to the Committee and would refrain from seeking adjournments on unreasonable and trivial grounds. For every adjournment, he will have to put forth a justifiable reason through e-mail/ WhatsApp.

(e) The Petitioner's service would not be confirmed and/or an order of confirmation would not be issued, until the Petitioner secures a validity certificate.

(f) Subject to the above terms, a probation appointment/ posting order, may be issued.

(g) The Petitioner would not be terminated from service only for the reason that his claim is still pending, in the light of the affidavit undertaking, until his claim is validated. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan