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Bombay High CourtWP/7865/2024disposed off

Savita Vitthal Biramwar v. The State Of Maharashtra Through Secretary And Others

2024-08-22Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 7865 OF 2024 SAVITA VITTHAL BIRAMWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS Mr.D.D.Choudhari h/f Mr.S.G.Jayewar, Advocate for the Petitioner. Mr.S.R.Wakale, AGP for Respondent Nos. 1 and 2. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : AUGUST 22, 2024 PER COURT :

1.

The Petitioner's claim of belonging to "Mannervarlu Scheduled Tribe category" has been invalidated by the impugned order dated 15.07.2024. The Petitioner is in employment. She submits that an affidavit undertaking will be filed stating therein that she will not claim any increments / promotion / pay fixation / service benefits, until her claim is validated by this Court.

2.

Issue notice to the Respondents, returnable on 24.09.2024. The learned AGP waives service of notice on behalf of Respondent Nos. 1 and 2.

khs/August 2024/7865

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The Petitioner would tender the affidavit undertaking in this Court and a copy to the Zilla Parishad, on or before 05.09.2024. On the condition of filing such affidavit undertaking, the Respondent/ employer shall not terminate the service of the Petitioner, only for the reason that her claim has been invalidated.

4.

All the office objections to be removed on or before 09.09.2024, failing which, the Petition shall stand dismissed on or before 10.09.2024, without reference to the Court. ( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/August 2024/7865