Sheshikala Gangadhar Mamilwad v. The State Of Maharashtra Through Its Secretary And Others

*1* 996ywp13685o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13685 OF 2023 SHESHIKALA GANGADHAR MAMILWAD

VERSUS

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

Advocate for the Petitioner : Shri O.D. Totawad i/by Shri Thorat Chandrakant R.

AGP for Respondents 1 to 4/State : Shri S.K. Tambe ...

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

DATE :- 01st November, 2023 Per Court :- 1.

The Petitioner claims to be belonging to the "Mannervarlu", Scheduled Tribe category. Her claim for validation is pending for the last six years. Her earlier tribe certificate dated 21.02.2009 was confiscated by the Committee on account of the spelling mistake and a fresh certificate was issued. That certificate is pending validation. She is in employment with Respondent No.4 and seeks protection. 2.

The learned AGP submits that the claim would be decided on or before 30.06.2024, keeping in view the heavy

*2* 996ywp13685o23 workload of cases of students and various orders passed by the High Court setting a time line for decision.

3.

In view of the above, this Writ Petition is disposed off. Let the Scrutiny Committee decide the claim of the Petitioner on or before 30.06.2024. The Petitioner would render wholehearted cooperation and shall refrain from seeking adjournments on unreasonable or trivial grounds, lest the Committee would progress to the further stages in the proceedings.

4.

The Petitioner would tender an affidavit undertaking in this Court and a copy to the Respondent No.4/Dean, Government Medical College, within 30 days from today, stating therein that she would not seek further service benefits/ increments/ revision in pay scale/ promotion etc., until her claim is decided by the Committee. On the condition of filing such an affidavit undertaking, we direct Respondent No.4 not to dispense with the services of the Petitioner until the decision on her claim or till 30.06.2024, whichever is earlier. An adverse order would not be implemented for 15 days.

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