Switi Subhash Kankawar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:23284-DB 971-WP-10095-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 971 WRIT PETITION NO. 10095 OF 2025 SWITI SUBHASH KANKAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. S. M. Vibhute, Advocate for the Petitioner Mr. R. K. Ingole, AGP for the Respondents - State ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 26.08.2025 PER COURT :- 1.

The Petitioner is constrained to approach this Court on the second occasion for appropriate direction to Respondent No.2 Scrutiny Committee and also for the direction to Respondent Nos.3 and 4 regarding her service as Gramsevak. 2.

By order dated 08.04.2025, passed in Writ Petition No.4817 of 2025, a Division Bench of this Court has directed that the tribe claim of the Petitioner belonging to "Mannervarlu" scheduled tribe, shall be decided within three months of the order

(( 2 )) 971-WP-10095-2025 and that the service of the Petitioner shall not be terminated due to failure to produce validity certificate, for a period of three months. 3.

It is submitted that the Respondent Scrutiny Committee failed to decide the tribe claim within three months and it is still pending. In the meanwhile, the Petitioner was constrained to file Contempt Petition, wherein notice has been issued. But, the Petitioner apprehends that her service may be terminated by Respondent Nos. 3 and 4.

4.

The learned AGP appears for Respondent Nos. 1 and 2 and Mr. Pulkundwar, learned counsel appears on behalf of Respondent Nos. 3 and 4.

5.

Having considered the contentions raised on behalf of the Petitioner and the admitted position that even today the tribe claim of the Petitioner is pending for verification before the Respondent No.2 Scrutiny Committee, we are inclined to dispose of this Petition by issuing appropriate directions.

6.

The Writ Petition is disposed of by directing the Respondent No.2 Scrutiny Committee, to decide the tribe claim of the

(( 3 )) 971-WP-10095-2025 Petitioner within three months from today. The service of the Petitioner shall not be terminated only on the ground of failure to produce validity certificate, till the Respondent No.2 Scrutiny Committee decides the tribe claim of the Petitioner. The said direction in favour of the Petitioner shall be subject to the Petitioner filing an undertaking on affidavit before this Court within two weeks to the effect that till the Scrutiny Committee decides the tribe claim of the Petitioner, she shall not claim any service benefits, such as, confirmation, promotion, increment, pay fixation etc. A copy of the said undertaking shall be placed before Respondent No.2 Scrutiny Committee as well as Respondent No.3, within two weeks from today. Needless to say, the Petitioner shall cooperate with the Respondent No.2 Scrutiny Committee for expeditious disposal of the tribe claim, so that the directions given to the Scrutiny Committee are abided. 7.

Pending applications, if any, also stand disposed of. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS