Prasad Kishanrao Lashkare v. State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:16357-DB 939-WP-7608-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7608 OF 2024 PRASAD KISHANRAO LASHKARE

VERSUS

STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr. S. S. Phatale, Advocate for Petitioner Mr. K. K. Naik, AGP for the Respondent - State Ms. Sudha S. Chintamani, Advocate for Union of India ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 25.07.2024 PER COURT :- 1.

The Petitioner is in employment as a Dak Sevak (Postman). He claims to be belonging to the 'Koli Mahadev' Scheduled Tribe category. His claim for seeking a validity certificate, is pending since 14.02.2020. He is under a threat of termination.

2.

The learned AGP submits that the proceedings would be decided within 45 days.

(( 2 )) 939-WP-7608-2024 3.

The learned Advocate for the Petitioner has tendered an affidavit undertaking dated 24.07.2024, declaring that he would not claim any increments, pay fixation, pay revision, additional increment, service benefits etc., until his claim is validated by the Committee or the Court. The said affidavit undertaking is marked as "X" for identification.

4.

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.

(b) For easy correspondence, the Petitioner has tendered his email address as prasadlashkare2002@gmail.com. He has also tendered his Cell Phone number as 8698394286 and agrees to receive communications or correspondence from the Committee and enter into correspondence with the Committee, through his e-mail address and/or the WhatsApp mode.

(c) The pending claim of the Petitioner shall be decide by the Committee on or before 10.09.2024.

(d) The Petitioner would render wholehearted cooperation to the Committee and would refrain from seeking

(( 3 )) 939-WP-7608-2024 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) The probation appointment/posting order would not be denied only for the reason that the petitioner's claim is pending.

(g) The Petitioner would not be terminated from probation service in the light of the affidavit undertaking, only for the reason that his claim is still pending.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS