Jivan Machindra Palampalle v. The State Of Maharashtra Through Its Secrtary And Others

1 wp 11920.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 976 WRIT PETITION NO.11920 OF 2021 JIVAN MACHINDRA PALAMPALLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioner: Mr. Vibhute Sunil M. AGP for Respondents/State: Mr. S. K. Tambe ...

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

DATE:

26th OCTOBER, 2021 PER COURT:

1.

The learned Advocate for the petitioner submits that the petitioner is appointed as Krushi Sevak. The petitioner had completed 3 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.

2 wp 11920.2021 3.

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

4.

In light of that, we pass the following orderORDER I] The petitioner shall appear before the Scrutiny Committee on 01.12.2021.

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

III] The respondents shall take decision upon the claim of the petitioner for salary of Krushi Sahayyak on it's own merits.

3 wp 11920.2021 IV] The petitioner will have to show that, he has completed 3 years satisfactory services and the availability of the post.

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

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

5.

Writ Petition accordingly stands disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe