Bombay High Court
Sanjay Lingram Pupulwad vs The State Of Maharashtra And ... on 26 February, 2016
Bench: R.M. Borde
Writ Petition No.2083/2016
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO.2083 OF 2016
Sanjay s/o Lingram Pupulwad
Age 27 years, Occu. Service,
R/o Talegaon, Tq. Umri,
District Nanded ... PETITIONER
VERSUS
1. The State of Maharashtra
through Secretary to Tribal
Development Department,
Mantralaya, Mumbai.
2. The Chief Executive Officer,
Zilla Parishad, Nanded
District Nanded.
3. The Block Development Officer,
Panchayat Samiti, Umri,
Tq. Umri, District Nanded.
4. The Scheduled Tribe Caste Certificate
Verification Committee, Aurangabad
through its Deputy Director (R),
Aurangabad ... RESPONDENTS
.....
Shri S.M. Vibhute, Advocate for petitioner
Shri V.M. Kagne, A.G.P. for respondent No.1
Shri S.B. Pulkundwar, Advocate for R.No.2 & 3
.....
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Writ Petition No.2083/2016
2
CORAM: R.M. BORDE AND
A.I.S. CHEEMA, JJ.
DATED: 26th February, 2016.
ORAL JUDGMENT (PER R.M. BORDE, J.):
1. Heard. Rule. Rule made returnable forthwith. With
the consent of learned counsel for the parties, the petition is
taken up for final disposal at the admission stage.
2. The petitioner came to be appointed as Gramsevak
with respondent No.2 - Zilla Parishad, Nanded. Since the
petitioner was appointed against reserved category, he was
directed to submit caste validation proposal within prescribed
period. The petitioner contends that, the proposal tendered by
the employer for verification of the tribe certificate is pending
consideration with the respondent No.4 Scrutiny Committee and
the proposal has not yet been finally decided. In the facts of the
case, this petition can be disposed of by directing the respondent
No.4 Scrutiny Committee to take decision in respect of caste
validation claim of the petitioner as expeditiously as possible,
preferably within a period of one year from today and it is
accordingly directed.
Writ Petition No.2083/2016
3. The petitioner contends that, in view of clause 6 of
the appointment order, on completion of three years of
continuous service, the services of the petitioner are liable to be
regularised subject to availability of the post. The petitioner
submits that, the posts are available and since he has completed
three years service, his services are liable to be regularised
provisionally subject to submission of the caste validation
certificate.
4. In the facts of the case, the respondent No.2 is
directed to provisionally regularise the services of the petitioner
subject to furnishing the caste validation certificate on
declaration of the decision of the Caste Scrutiny Committee and
subject to availability of the post. Rule is accordingly made
absolute in terms of the directions issued as above. There shall
be no order as to costs.
(A.I.S. CHEEMA, J.) (R.M. BORDE, J.)
