Pramodini Subhash Kolhewad v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:13537-DB 925wp6593-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO. 6593 OF 2024 PRAMODINI SUBHASH KOLHEWAD

VERSUS

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

Mr. O. D. Totawad h/for Mr. C. R. Thorat, Advocate for the Petitioner Mr. N. S. Tekale, AGP for Respondents State

CORAM

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

DATE : 3rd July, 2024 ORDER:

1.

The Petitioner's proposal seeking validity certificate with reference to her claim of belonging to 'Koli Mahadev' Scheduled Tribe, is pending before the Committee. By order dated 18.01.2022, passed in Writ Petition No. 929 of 2022 filed by the present Petitioner, this Court had directed the Committee to decide the claim within six months. The same is still pending.

2.

The Petitioner submits that she would tender an affidavit undertaking declaring that she would not seek any increments/ pay fixation/ promotion/ service benefits, etc. until her claim is validated either by the Committee or by the Court. Based on such affidavit, she prays for protection that her service should not be terminated. 3.

The learned AGP submits that the Petitioner has been dodging the Committee. For not less than three occasions, she avoided to appear

925wp6593-24 in the Vigilance Cell enquiry. The learned Advocate for the Petitioner submits that henceforth, she will not seek a single adjournment in the Vigilance Cell hearing and if she remains absent for any reason, the Committee would be justified in progressing to the next stage of hearing.

4.

For correspondence convenience, the Petitioner submits her Email address : Kolhewadpramodini@gmail.com and WhatsApp Cell No. 8412028969 and that, the correspondence on these two facilities would be accepted by her.

5.

In view of the above, this Writ Petition is disposed off. On the condition that the Petitioner would file the affidavit undertaking in terms of the above statement, in this Court as well as a copy to Respondent No.3, on or before 20th July, 2024, we direct the employer not to terminate the services of the Petitioner, only for the reason that she does not have a validity certificate. Needless to state, if the undertaking is not filed, the interim relief would not continue. 6.

The Committee shall decide the claim of the Petitioner on or before 28th February, 2025.

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