Lavkush Kerba Nilewad vs The State Of Maharashtra And ...
2016 Latest Caselaw 3914 Bom

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                                                                        wp 7527.16.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                              
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.7527 OF 2016




                                                      
     Lavkush S/o Kerba Nilewad
     Age: 38 years, occu: service,
     R/o Hadolti Tq. Ahmedpur,
     Dist. Latur




                                                     
     At present Palam, Tq. Palam,
     Dist. Parbhani                                                         Petitioner


              Versus




                                        
     1        The State of Maharashtra
                             
              Through Secretary to Rural Development
              Department, Mantralaya, Mumbai

     2        The Chief Executive Officer,
                            
              Zilla Parishad Parbhani
              Dist. Parbhani

     3        The Block Development Officer,
              Panchayat Samiti Palam,
      


              Tq. Palam, Dist. Parbhani
   



     4        The Scheduled Tribe Caste Certificate
              Verification Committee, Aurangabad
              through Its Dy. Director (R)
              Aurangabad                                              Respondents

Mr.S.M. Vibhute advocate for the petitioner Mr.A.R.Kale, Assistant Government Pleader for Respondent No.1 Mr. D.P. Dama Advocate for respondent Nos.2 and 3 _______________

CORAM : R.M. BORDE & K.L.WADANE, JJ

(Date : 18 th July, 2016 .)

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ORAL JUDGMENT

(Per: R.M. Borde, J)

1 Heard.

2 Rule. With the consent of the parties, petition is taken for

final decision at admission stage.

3 The petitioner claims to belong to Koli Mahadev, scheduled

tribe (ST). He has been appointed as a contractual Gramsevak by

Zilha Parishad, Parbhani, as against a seat earmarked for ST

category. The tribe certificate issued to the petitioner has been

referred for verification to respondent No.4 committee and the

claim is stated to be pending.

4 Respondent No.4 is directed to take decision on the tribe

certificate verification proposal of the petitioner pending with the

committee, as expeditiously as possible and preferably within a

period of 8 weeks from today.

5 According to the petitioner, condition No.6 of the letter of

appointment stipulates regularization of employment of the

petitioner as a Gramsevak on condition of satisfactory completion

of service for three years as a contractual Gramseak. Respondent

Nos.2 and 3 shall consider the claim of the petitioner for

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regularization of the employment of the petitioner as Gramsevak,

subject to fulfillment of other requirements and the claim of the

petitioner for regularization would not be turned down merely on

the ground of his failure to submit tribe validation certificate. The

respondent shall take decision in respect of regularization of

employment of the petitioner within a period of six weeks from

today and the petitioner shall be paid monetary benefits accruable

to him on regularization ig of services as Gramsevak. The

continuation of employment of the petitioner and the order of

regularization shall be subject to result of the tribe certificate

verification claim pending with the committee.

6 Rule is made absolute accordingly.

     7        No costs.





                  (K.L.WADANE, J)                       (R.M.BORDE, J)





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