Sudhakar Ganpat Koli v. State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:14350-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO. 7078 OF 2024 SUDHAKAR GANPAT KOLI

VERSUS

STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr S. S. Phatale, Advocate for Petitioner;

Mr V. M. Kangne, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 11th July, 2024 PER COURT:

1.

The Petitioner is a 46 years old serviceman in the employment of Mumbai Port Trust as a 'Typist cum Computer Clerk'. His claim for validation of his caste certificate of 'Tokre Koli' Scheduled Tribe is pending with the Competent Scrutiny Committee for the last eleven years. He has received a notice dated 08/06/2024, from the Employer, demanding a validity certificate or face termination. Therefore, he has rushed to this Court. He tenders an

(2) affidavit undertaking dated 09/07/2024 (03 pages), which is marked as 'X' for identification. He states in the said undertaking that, he would not claim any increments/pay fixation/pay revision/additional increment/ service benefits, etc. until his claim is validated by the Committee or any Court, as the case may be.

2.

The learned A.G.P. submits on instructions that the Respondent/Scrutiny Committee would decide the claim of the Petitioner, by 28/02/2025.

3.

The learned Advocate for the Petitioner submits that the Petitioner would co-operate with the Committee. For easy correspondence, his Email ID: sudhakargkoli@ gmail.com and WhatsApp Cell number 9892009304, are tendered and correspondence would be made on the said Email address and/or WhatsApp Cell number.

4.

In view of the above, since an innocuous prayer has been made and an affidavit undertaking by has been

(3) filed by the Petitioner, this Writ Petition is disposed off. The Petitioner shall co-operate with the Scrutiny Committee for the disposal of his claim, on or before 28/02/2025. If the Petitioner tenders the copy of the affidavit undertaking 'X', in this Court and also to the Employer, within a period of 15 days, the Employer would refrain from terminating his service, until his claim is validated either by the committee or by a Court.

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