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

1 wp 8288.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8288 OF 2023 Prasad Kishanrao Lashkare .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sagar S. Phatale, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 and 2. Shri B. M. Dhanure, Standing Counsel for the Respondent Nos. 3 and 4.

CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

13 JULY 2023.

ORDER :

.

Heard both sides finally.

2.

The petitioner has been appointed as Dak Sevak with effect from 18 April 2023. The respondent Nos. 3 and 4 have now called upon him to submit caste validity certificate vide communication dated 20 April 2023 within a period of three (03) months from the date of appointment. Petitioner's proposal is pending with the respondent No. 2/Scrutiny Committee. 3.

The learned Assistant Government Pleader on instructions submits that matter is awaiting vigilance report and the Committee would decide it within a period of three (03) months

2 wp 8288.23 from today.

4.

The petitioner cannot control the proceedings of the Scrutiny Committee. Simultaneously cannot be made to loose the employment for want of validity certificate, albeit, stipulation mandates him to submit a caste validity certificate within a period of three (03) months.

5.

Considering above aspects, we direct the Scrutiny Committee/respondent No. 2 to decide the petitioner's proposal as expeditiously as possible and in any case within a period of ten (10) weeks from today.

6.

Till that time, the respondent Nos. 3 and 4 shall not insist for production of caste validity certificate from the petitioner. The writ petition is disposed of.

7.

Parties to act on authenticated copy of this order. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 23