Naresh Laxman Sandulwar v. The State Of Maharashtra And Others

1 990-wp 10236-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10236 OF 2021 Naresh Laxman Sandulwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Pratap V. Jadhavar, Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondents/State.

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 16th September, 2021.

PER COURT:- 1.

The learned counsel submits that petitioner is appointed as Krushi Sevak. The petitioner had completed three years of service. The petitioner is entitled to be granted pay scale of Krushi Sahayyak. Only on the ground that validity certificate is not submitted, the respondents are not considering petitioner for regularization. 2.

The learned A.G.P. on instructions submits that vigilance is pending.

3.

Unless vigilance is completed, petitioner may not have much role to play in the validation proceeding.

2 990-wp 10236-2021.odt 4.

In light of that, we pass the following order:

ORDER

a.

The petitioner shall appear before the Scrutiny Committee on 05.10.2021.

b.

The Committee shall endeavour to decide the validation proceeding within a period of six (06) months from the date of appearance of petitioner. The petitioner shall co-operate in expeditious disposal of validation proceeding before the Committee. c.

The respondents shall take decision upon the claim of petitioner for salary of Krushi Sahayyak on its own merits. d.

The petitioner will have to show that, he has completed three years satisfactory services and the availability of the post. e.

The claim of petitioner for pay scale as may be prescribed shall not be rejected only on the ground that validation proceeding is still pending.

f.

The respondents may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding and whatever decision would be taken by the Authority about the claim of petitioner, the same would be provisional and subject to the decision delivered by the Scrutiny Committee in the

3 990-wp 10236-2021.odt validation proceeding.

5.

Writ Petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.