Smita Umesh Sankpal v. The State Of Maharashtra Thr. Its Secretary Tribal Development Department And ORS

1/2 925-WP-7902-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7902 OF 2025 Smita Umesh Sankpal

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

**** Mr. V.V. Salunke i/b Shri. N.L. Choudhari for the Petitioner. Mr. B.V. Samant, Addl. G.P. a/w Shri. S.H. Kankal, AGP for Respondent/State.

**** SNEHA NITIN CHAVAN CORAM :

RAVINDRA V. GHUGE AND M.M. SATHAYE, JJ.

by SNEHA NITIN CHAVAN Date:

2025.07.07 17:39:49 +0530 DATE :

3rd JULY, 2025 P.C. :

1.

The Petitioner claims to have been working since 2014 as an 'Assistant', under the Provisions of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights), Act 2006 and Rules, 2008. He has not been granted regularisation. On 07.04.2025, the Desk Officer from the Department of Tribal Development has directed all the Commissioners of the Tribal Research and Training Institutions that such Assistants should be removed and they should be replaced with contractual employees. A photostat copy of such communication is tendered to the Court, which is taken on record and marked 'X-1' for identification.

Sneha Chavan

2/2 925-WP-7902-2025.odt 2.

Issue notice to the Respondents, returnable on 06.08.2025. The learned AGP waives service of notice for all the Respondents. 3.

Let the Affidavit-in-Reply be filed at least 1 week prior to the returnable date.

5.

Until further orders, the Petitioner who claims to be in employment today, should not be terminated only for the reason that she was likely to be replaced by a contractual employee. (M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) Sneha Chavan