Sadhu Mahadu Chivale vs State Of Maharashtra And Others
2016 Latest Caselaw 3445 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                        BENCH AT AURANGABAD 




                                                                                              
                               WRIT PETITION NO. 5131  OF 2015     




                                                                      
    Sadhu s/o Mahadu Chivale
    age 27 years, occ. Nil
    r/o Borda, Tq. Gangakhed
    Dist. Parbhani                                                                .. PETITIONER




                                                                     
    VERSUS
     
    1         The State of Maharashtra
              Through Secretary
              General Administration Dept.




                                                       
              Mantralaya, Mumbai

    2
                                 
              The Divisional Controller
              Maharashtra State Road Transport Corporation
              Ratnagiri Division, Ratnagiri
              Dist. Ratnagiri
                                
    3         The Scheduled Tribe Caste Certificate
              Verification Committee Aurangabad
              Through its Dy. Director (R) 
              Aurangabad.                                                         .. RESPONDENTS
      
   



    Mr.  S.M. Vibhute, advocate for petitioner.
    Mr. S.S. Dande, AGP for the State.
                                                          =====

                                                               CORAM :  R.M. BORDE &





                                                                          K. L. WADANE, JJ.  

DATE : 28th JUNE, 2016.

ORAL JUDGMENT : ( PER R. M. BORDE, J.)

1. Rule. Rule made returnable forthwith.

2. Heard finally with the consent of learned counsel for the respective

parties.

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3. Petitioner has been selected for appointment to the post of conductor

in Maharashtra State Road Transport Corporation, Ratnagiri Division,

Ratnagiri. Petitioner belongs to Koli Mahadev Scheduled Tribe category and

has been selected for the post of conductor against reserved vacancy.

Validation claim in respect of tribe certificate issued to the petitioner is

pending consideration with the Scrutiny Committee since 2014. However,

as a result of failure of petitioner to submit validation certificate,

appointment letter has not been issued by respondent no. 2 MSRTC. In

view of Government Resolution dated 12.12.2011, the employer ought to

have issued letter of appointment subject to decision in respect of validation

claim pending with the Scrutiny Committee.

4. In view of above, we direct respondent no. 2 - employer to issue letter

of appointment to petitioner making appointment to the post of conductor

as expeditiously as possible preferably within a period of one year from

today. Appointment of petitioner shall be subject to outcome of the

validation proceeding pending with the Scrutiny Committee.

5. The Divisional Controller, MSRTC, Ratnagiri Division has failed to

respondent to the notice issued by this Court. On second occasion notice

was re-issued to the concerned respondent by order dated 21.09.2015

warning him of the consequences of his failure to appear in the matter.

However, inspite of issuance of notice, concerned respondent has failed to

cause appearance in the matter inspite of warning. Considering this aspect,

respondent no. 2 is directed to deposit cost of Rs. 25,000/- in this Court

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within a period of four weeks from today. On deposit of amount same shall

be allotted to the account of High Court Legal Services Committee. Rule is

accordingly made absolute.

    ( K. L. WADANE )                                                                ( R. M. BORDE )
          JUDGE                                                                           JUDGE

    dyb