Bhaganna Jagadev Koli v. The State Of Maharashtra Thr. The Secretary Tribal Development Department And ORS

by PALLAVI MAHENDRA WARGAONKAR Date:

2024.10.11 11:12:32 +0530 PALLAVI MAHENDRA WARGAONKAR .. 1 ..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13892 OF 2024 Bhaganna Jagadev Koli

...Petitioner

Versus

The State Of Maharashtra Thr. The Secretary Tribal Development Department And Ors.

...Respondents

...

Mr. Sachinkumar Rajepandhare, Advocate for the Petitioners. Mr. M.M. Pabale, AGP for the Respondent Nos.1 to 3. ...

CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE :- 9th OCTOBER, 2024 Per Court :- 1.

The Petitioner claims to be belonging to the Koli Mahadev Scheduled Tribe Category. By judgment dated 13th September, 2024, the Petitioner's claim has been invalidated. The Petitioner is in employment and his daughter is taking education. The Petitioner apprehends termination of his service at the hands of Respondent Nos.3 and 4.

2.

The Petitioner has filed an affidavit undertaking

.. 2 ..

declaring that he would not claim any further service benefits like promotion, pay fixation, increments, service benefits/retiral benefits, etc., until his claim is validated by this Court. The affidavit undertaking dated 9th October, 2024 is taken on record and marked as 'X-1' for identification.

3.

Issue notice to the Respondents, returnable on 20th November 2024. The learned AGP waives service for Respondent Nos.1 to 3.

4.

Considering the affidavit undertaking 'X-1' filed by the Petitioner Bhaganna Jagadev Koli, we direct Respondent Nos.3 and 4, not to terminate the services of the Petitioner in view of the affidavit undertaking, only for the reason that his claim has been invalidated. Copy of the undertaking would also be tendered to the employer, within 15 days from today. 5.

All office objections be removed on or before 23rd October 2024, failing which the Petition would stand dismissed without further reference to the Court, on 24th October, 2024.

.. 3 ..

6.

All the Respondents shall act in terms of this order. (M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)