Amol Kalyan Salunkhe v. The State Of Maharashtra Through Secretary And ORS

36-wp-3029-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3029 OF 2025 by URMILA PRAMOD INGALE Date:

2025.03.12 11:23:38 +0530 URMILA PRAMOD INGALE Amol S/o Kalyan Salunkhe ... Petitioner

Versus

The State of Maharashtra and ors.

... Respondents **** Mr. Digambar B. Shinde, for the Petitioner (through V.C.) Ms. D.S.Deshmukh, AGP for Respondent Nos. 1 to 3 - State. **** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

05th MARCH, 2025 P.C. :

1.

Issue notice to the Respondents, returnable on 08th April, 2025. The learned AGP waives service of notice on behalf of Respondent Nos. 1 to 3.

2.

The Petitioner is in employment with Respondent No.4. He prays for protection of his service since his claim of belonging to the 'Thakar', Scheduled Tribe category has been invalidated by the Committee vide the impugned judgment dated 03rd October, 2024. 3.

The learned AGP points out that there is not a single family member of the Petitioner from the paternal side, who has been granted a Ingale

36-wp-3029-25.odt validity certificate. In fact, the biological brother and sister of the Petitioner have recently suffered invalidation. He, therefore, opposes grant of interim protection.

4.

The learned Advocate for the Petitioner submits that the Petitioner is willing to file an affidavit/undertaking in this Court as well as before the employer declaring that he will not claim any promotion/ pay revision/ pay fixation/ increments/ service benefits etc. until his claim is validated by this Court.

5.

Let such affidavit/undertaking be tendered in this Court and a copy be supplied to Respondent No.4, within 21 days from today. On the condition of filing such affidavit/undertaking, we direct Respondent No.4 not to terminate the service of the Petitioner only for the reason that he does not have a validity certificate.

6.

All office objections, if any, to be removed on or before 24th March, 2025, failing which, this Petition would be dismissed on 25th March, 2025 without reference to the Court.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Ingale