Chaitan Champatrao Pakalwad v. The State Of Maharashtra Through Its Principal Secretary And Others

87wp588-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 87 WRIT PETITION NO. 588 OF 2024 CHAITAN CHAMPATRAO PAKALWAD ....Petitioner

VERSUS

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

Mr. Chandrakant R. Thorat, Advocate for the Petitioner Mr. R. S. Wani, AGP for the Respondents-State

CORAM

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

DATE : 15th January, 2024 ORDER:

1.

Leave to remove the copy of the order dated 07.11.2022, which is inadvertently placed on record and replace the same with the impugned order dated 26.12.2023.

2.

The learned Advocate for the Petitioner submits that the Petitioner is in employment. His claim of belonging to "Mannervarlu" Scheduled Tribe has been rejected by the impugned order dated 26.12.2023. He is wiling to tender an affidavit undertaking in this Court, as well as before the Management, to declare that he would not claim increments/pay fixation/pay revision/promotion/service benefits etc. until his claim is validated by this Court.

87wp588-24 3.

Issue notice to the respondents, returnable on 20.02.2024. The learned AGP waives service of notice on behalf of Respondent Nos. 1, 2 and 3.

4.

On the condition of filing the affidavit undertaking in this Court and a copy to be tendered to the employer, we direct Respondent No.3, not to terminate the services of the Petitioner only for the reason that his claim has been invalidated.

5.

All office objections to be removed on or before 12.02.2024, failing which, the Petition would stand dismissed without reference to the Court on 13.02.2024.

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