Shankar Gangaram Chunade v. The State Of Maharashtra Through Its Secretary And Others

*1* 26ywp11741o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11741 OF 2023 SHANKAR GANGARAM CHUNADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Boinwad Omgashad B. AGP for Respondents 1 to 3/State : Shri P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 26th September, 2023 Per Court :- 1.

The learned Advocate for the Petitioner submits that his claim of belonging to "Koli Mahadev", Scheduled Tribe category, has been rejected by the impugned judgment dated 02.06.2023. He is a Peon in the Collector's office. He relies upon two validity certificates issued to close blood relatives from the paternal side. He submits that the Petitioner is willing to tender an affidavit undertaking that he would not claim any service benefits/ increments/ promotions etc. until his claim is validated by this Court in the present proceedings.

*2* 26ywp11741o23 2.

The learned AGP submits that two validity certificates on which the Petitioner relies upon, are issued by the V.S. Patil Committee in the most suspicious manner. 3.

Issue notice to the Respondents, returnable on 05.12.2023. The learned AGP waives service of notice on behalf of all the Respondents.

3.

On the condition that the Petitioner would tender an affidavit undertaking as noted above, within 15 days from today in this Court and a copy to the District Collector, we direct the third Respondent Collector not to terminate the services of the Petitioner only for the reason that his claim has been invalidated. 4.

All office objections to be removed within four weeks, failing which, this Petition shall stand dismissed without reference to the Court.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)