Sudhir Prakashrao Bhutapalle v. The State Of Maharashtra And Others

2025:BHC-AUG:22102-DB 1 949 WP 10086-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 WRIT PETITION NO. 10086 OF 2025 SUDHIR PRAKASHRAO BHUTAPALLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Sunil M. Vibhute - Advocate for Petitioner Mr. S.P. Sonpawale - AGP for Respondent Nos.1 and 2, State Mr. Ravi R. Bangar - Advocate for Respondent Nos.3 and 4 ...

CORAM

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

DATE : 12.08.2025 PER COURT :

1.

The petitioner in this petition is constrained to approach this Court for limited relief in the light of show cause notice dated 17.07.2025 issued by his employer to the effect that unless the validity certificate regarding tribe claim of the petitioner is produced, his service in the post of Postal assistant shall stand terminated.

2.

The tribe claim of the petitioner is pending for consideration before respondent No.2 - Scrutiny Committee.

3.

In view of the above, issue notice to the respondents, returnable forthwith.

4.

Learned A.G.P. waives service of notice for respondent Nos.1 and 2. Learned Counsel - Mr. Ravi R. Bangar waives service of notice for

2 949 WP 10086-2025.odt respondent Nos.3 and 4.

5.

In the light of the fact that the tribe claim of the petitioner is still pending before respondent No.2 - Scrutiny Committee, we are of the opinion that the petition itself can be disposed of by issuing appropriate directions.

6.

Accordingly, 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 a period of six (6) months from today.

7.

In the meanwhile, during the pendency of the tribe claim of the petitioner before respondent No.2 - Scrutiny Committee, upon the petitioner filing an undertaking on affidavit before this Court that, during the pendency of the proceedings before respondent No. 2 - Scrutiny Committee he shall not claim any service benefits such as confirmation, promotion, increments, pay fixation, etc., no adverse action shall be taken as regards the service of the petitioner. 8.

Copy of such undertaking shall also be placed on the record of respondent Nos.3 and 4 within two weeks from today. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Pooja Kale/