Bombay High CourtWP/12244/2018disposed offdismissed for default

Suresh Raghunath Sonune v. The State Of Maharashtra And Others

2019-06-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 982 wp 12244.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 WRIT PETITION NO.12244 OF 2018 SURESH RAGHUNATH SONUNE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Bayas Anandsingh AGP for Respondents/State : Mrs. M.A. Deshpande ...

CORAM :

S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

20.06.2019 P.C. :- Mr. Bayas the learned advocate submits that the appointment of petitioner is as a permanent employee. The petitioner is not paid the salary and is still continued as a contractual Gram Sevak on honorarium. The validation proceeding is pending since ten years. According to the learned advocate, though the petitioner had received the report of vigilance no further notice has been received by the petitioner from the committee. The petitioner is entitled for regular salary of a Gram Sevak. 2.

The learned A.G.P. submits that the petitioner did not remain present in December 2018 though was called for hearing, earlier to that also the petitioner did not remain present.

( 2 ) 982 wp 12244.18 3.

It appears that even the petitioner did not approach the committee for all these years nor requested for expeditious disposal of the proceedings.

Be that as it may, we may not enter into the dispute as to whether the petitioner was at fault or otherwise. It is not disputed that the petitioner has been issued with the vigilance report and the petitioner has not filed his say. The petitioner shall appear before the committee on 08.07.2019 and file his say to the vigilance report. The committee shall thereafter decide the validation proceedings in respect of the tribe claim of the petitioner within a period of three months from the date of the say filed by the petitioner. 5.

Depending upon the judgment that would be delivered by the scrutiny committee. The respondent nos.3 to 5 shall immediately take decision with regard to the payment of salary of the petitioner. Writ petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub