Prashant Gangaram Kondawar v. The State Of Maharashtra Through Its Secretary And Others

75-WP-11429-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11429 OF 2022 PRASHANT GANGARAM KONDAWAR

VERSUS

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

Advocate for Petitioner : Mr. Yeramwar Sushant C. AGP for Respondents-State: Mr. S. K. Tambe ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE : 29th November, 2022 PER COURT :

1.

The petitioner is faced with a show cause notice issued by respondent no.4/Tahsildar, on account of not submitting the validity certificate. The petitioner joined employment as a Talathi on 16.01.2020. His proposal for validation of his claim as belonging to the 'Mannervarlu' Schedule Tribe, on the basis of which, he acquired employment, was forwarded to the Competent Scrutiny Committee, on 06.11.2020. The petitioner was directed by the employer to submit the validity certificate within 24 hours vide notice dated 17.11.2021. Subsequently, he was issued with another notice dated 21.07.2022 granting him three days time. By the impugned notice dated 29.09.2022, he is under a threat of termination.

75-WP-11429-2022.odt 2.

The learned AGP submits, on instructions, that considering the heavy pendency and time bound matters pending with the Committee, the Committee would require at least six months time. 3.

In view of the above, this petition is disposed off with a direction to respondent no.2/Committee to decide the pending claim of the petitioner, on or before 31.03.2023.

4.

The petitioner would render wholehearted co-operation and refrain from seeking adjournments on unreasonable or trivial grounds, lest the Committee would be justified in progressing to the next stage in the proceedings.

5.

Needless to state, respondent nos.3 & 4 would refrain from terminating the service of the petitioner, until 31.03.2023 or till the date on which the Committee decides the validity, whichever is earlier. In the event of an adverse order being passed by the Committee, the said order would take effect after 30 days. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) Sameer