Aniket Dhananjay Totawar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:22601-DB 1 944.WP.10309.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10309 OF 2025 ANIKET DHANANJAY TOTAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute Addl. G.P. for Respondents: Ms. K.B. Patil Bharaswadkar Advocate for Respondent Nos.3 and 4 : Mr. S.B. Pulkundwar ...

CORAM

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

DATE : 19.08.2025 PER COURT:

1.

This petition is filed seeking direction to the respondent No.2 - Scrutiny Committee to decide tribe claim of the petitioner of belonging to 'Mannervarlu' Scheduled Tribe within a stipulated period of time. 2.

The petitioner has been appointed as Gramsevak and one of the conditions of the appointment order is that validity certificate is to be produced within six months from the date of appointment. The appointment order is dated 14.10.2024.

3.

The petitioner is apprehending adverse action as the tribe claim is pending before the respondent No.2 - Scrutiny Committee and the time period of six months has already elapsed.

4.

The respondent Nos.1 and 2 are represented by learned AGP and Mr. Pulkundwar, learned counsel represents respondent Nos.3 and 4.

2 944.WP.10309.25.odt 5.

Having heard learned counsel for the parties, the petition is disposed of by issuing the following directions : a) Respondent No.2 - scrutiny Committee is directed to decide the tribe claim of the petitioner, as expeditiously as possible and preferably within six months from the date a copy of this order is produced before the Scrutiny Committee.

b) No adverse action be taken against the petitioner as regards his service, only on the ground that validity certificate is not produced, subject to an undertaking on affidavit being filed by the petitioner that during the pendency of the proceedings before the Scrutiny Committee he shall not claim any service benefits such as confirmation, promotion, increment, pay fixation, etc. Copy of such undertaking shall be placed before the respondent No.2 - Scrutiny Committee as well as the respondent No.3 - CEO, Zilla Parishad Nanded within the aforesaid period of time. 6.

The Petitioner shall cooperate with the Scrutiny Committee for early disposal. Writ petition is disposed of in above terms. Pending applications, if any, stand disposed of.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/