Kishan Govindrao Pawar v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:17735-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 8284 OF 2024 KISHAN GOVINDRAO PAWAR

VERSUS

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

Shri Yeramwar Sushant C., Advocate for the Petitioner. Shri R.S. Wani, AGP for Respondent Nos.1 and 2/State. ...

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

DATE :- 07th August, 2024 Per Court :- 1.

The Petitioner's claim of belonging to 'Thakur', Scheduled Tribe category is pending adjudication before the Scrutiny Committee. He points out that his cousin nephew Vitthal, son of Waman and grandson of Gangadhar, has been granted the validity certificate, vide the judgment dated 09.08.2023, delivered by this Court in Writ Petition No.6231/2023. Another cousin sister, namely, Shakuntala, daughter of Jagdev @ Rama @ Jagdish, has also received the validity certificate from the Committee. Recently, the Petitioner's real brother Sachin, son of Govind, has been granted the validity

*2* certificate by this Court, vide the order dated 26.07.2024, passed in Writ Petition No.9750/2018. The Petitioner's father Govind is the biological brother of Jagdev @ Rama @ Jagdish. The Petitioner apprehends termination.

2.

The learned AGP submits, on instructions, that the Committee would require at least three months to decide the claim of the Petitioner.

3.

The learned Advocate for the Petitioner submits that he is willing to adopt the vigilance cell report delivered in the case of the Petitioner's biological brother Sachin. The Petitioner is still a probationer and he would continue as such until his validity claim is decided, since he has been given a deadline. 4.

In view of the above, this Writ Petition is disposed off with the direction to Respondent No.2/ Committee to decide the claim of the Petitioner as expeditiously as possible and preferably on or before 31.10.2024. The service of the Petitioner would not be terminated on account of the pendency of the claim. However, the Petitioner's service would not be converted

*3* from probation to confirmed employment, until his claim is validated either by the Committee or by this Court. 5.

By consent, the Petitioner would appear before the Committee on 19.08.2024. Notices are dispensed with. The Petitioner would tender his email address as well as Whatsapp number to the Committee for easy correspondence on the email address and/or Whatsapp number.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)