Ramrao Vitthalrao Bharpure v. The State Of Mahrashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12042 OF 2022 RAMRAO VITTHALRAO BHARPURE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.S.C.Yeramwar, Advocate for the petitioner. Mr.S.G.Karlekar, AGP for State.

( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : DECEMBER 01, 2022 PER COURT :

1.

The petitioner is a 53 years old employee working with respondent No.3 as a labourer. He claims to be belonging to "Dhangad" Scheduled Tribe listed at Sr.No.36 by the State of Maharashtra in the list of Scheduled Tribes. He secured employment on this claim. His proposal for seeking a validity certificate is pending since 27.09.2013. By order dated 23.06.2022, passed by us, in his earlier WP No.6026/2022, we had directed the Committee to decide his claim on or before 30.09.2022.

khs/Dec.2022/12042

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The learned AGP submits on instructions that as the Committee is heavily burdened on account of students' cases and matters in which this Court has issued directions. It is assured that his claim would be decided on or before 28.02.2023.

3.

The learned Advocate for the petitioner, therefore, prays that today he may be protected as he was also protected earlier. In the event, his claim is invalidated, he may then seek protection by tendering an affidavit undertaking, declaring that he would not claim any promotion, increment or any other service benefits, until his claim is decided by this Court.

4.

In view of the above, this petition is disposed off. 5.

The Committee shall ensure that a decision is delivered on or before 28.02.2023. Respondent No.3/ College would not dispense with the service of the petitioner until the decision by the Committee or until 28.02.2023, whichever is earlier.

( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2022/12042