Shivraj Mohan Thakur v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:20835-DB 1 927.WP.9753.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9753 OF 2025 SHIVRAJ MOHAN THAKUR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents/State : Mr. S.D. Ghayal ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 06.08.2025 PER COURT:

1.

This petition is filed for limited purpose of seeking a direction to the Respondent No.2 - Scrutiny Committee to decide the tribe claim of the Petitioner as belonging to the Scheduled Tribe 'Thakar' within a stipulated period of time. It is submitted that the Petitioner is in employment and he may face termination of service in the absence of production of the validity certificate.

2.

The learned AGP, on instructions, informs that the Vigilance Cell Inquiry is pending and therefore reasonable time may be granted. 3.

In view of the above, the writ petition is disposed of by directing Respondent No.2 - Scrutiny Committee to decide the tribe claim of the Petitioner, as expeditiously as possible and, in any case, within six months from today. It is further directed that the service of the Petitioner

2 927.WP.9753.25.odt shall not be terminated only on the ground of non-availability of the validity certificate during the pendency of the proceedings before the Respondent No.2 - Scrutiny Committee, subject to the Petitioner filing an undertaking before this Court as well as the Respondent No.2 - Scrutiny Committee that he will not claim any service benefits, such as promotion, increment, pay fixation, etc., during the pendency of the proceedings before the Scrutiny Committee. A copy of such undertaking shall also be produced before respondent No.3 within two weeks from today. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/