Bombay High Court
Shahoobai Baliram Narlawar vs The State Of Maharashtra And ... on 1 August, 2016
Bench: R.M. Borde
WP.8160.16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8160 OF 2016
Shahoobai D/o Baliram Narlawar
Age : 28 years, Occu : Service
R/o Markhel, Tq. Degloor
District : Nanded.
...Petitioner..
Versus
1 The State of Maharashtra,
ig Through, Secretary to Tribal
Development Department,
Mantralaya, Mumbai.
2 The Chief Executive Officer,
Zilla Parishad Nanded
Dist. Nanded.
3 The Block Development Officer,
Panchayat Samiti Degloor
Dist. Nanded.
4
The Scheduled Tribe Caste
Certificate Verification
Committee Aurangabad,
Through its Dy. Director (R),
Aurangabad.
...Respondents...
.....
Shri.S.M. Vibhute, Advocate for the Petitioner.
Shri.S.S. Dande, AGP for respondent no.1.
Shri.S.B. Pulkundwar, Advocate for respondent nos.2&3.
.....
CORAM: R. M. Borde, &
K. L. Wadane, JJ.
DATE: 01.08.2016
WP.8160.16
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ORAL JUDGMENT (Per Borde, J.) :
1] Heard learned counsel for the parties. Rule. Rule
made returnable forthwith and with the consent of learned
counsel for the parties, the petition is taken up for
final hearing at the stage of admission.
2] The petitioner claims to belong to Koli Mahadev -
scheduled tribe and is in receipt of the certificate
issued by the competent authority certifying that she
belongs to aforesaid reserved category.
3] The petitioner has been appointed as a Gram Sevak on
contract basis by respondent no.2 as against a seat
reserved for scheduled tribe category since 3.1.2012. As
a result of failure of the petitioner to tender tribe
validation certificate, her services have not been
regularized and she has not been issued an order
appointing her as a regular Gram Sevak in terms of Clause
(6) of the appointment order issued on 3.1.2012. The
claim for verification of the tribe certificate issued to
the petitioner is stated to be pending since 2012 with
the respondent no.4 - committee.
4] In the facts of this case, this petition can be
disposed of with direction to the respondent no.4 -
WP.8160.16
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committee to take decision on the tribe certificate
verification proposal tendered by the petitioner pending
with the committee as expeditiously as possible and
preferably within a period of one year from today, and it
is accordingly directed. In the meanwhile, subject to
fulfillment of necessary requirements, the respondent
no.2 shall consider the claim of the petitioner for
regularization of her services as a Gram Sevak and the
claim of the petitioner for regularization shall not be
turned down merely on the ground of her failure to submit
tribe validation certificate. It is stated by the
petitioner that the tribe certificate issued to her is
produced for verification to the scrutiny committee and
as such it would be sufficient compliance if the
petitioner tenders a certified / attested copy of the
tribe certificate to the employer. The respondent nos.1
to 3 shall consider the claim of the petitioner for
regularization as expeditiously as possible and
preferably within a period of four months from today. It
would be needless to mention that monetary benefits, if
any, accruable to the petitioner on issuance of the order
of regularization, shall be paid to her expeditiously.
WP.8160.16
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5] The writ petition stands disposed of accordingly.
Rule is made absolute accordingly. There shall be no
order as to costs.
(K. L. Wadane, J.) (R. M. Borde, J.)
ndk/c181615.doc
