Bombay High Court
Anna Madhavrao Jadhav vs The State Of Maharashtra And ... on 1 March, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.793 OF 2016
Anna s/o Madhavrao Jadhav,
Age-29 years, Occu:Service,
R/o-Kumbhari, Tq-Bhokardan,
Dist-Jalna.
...PETITIONER
VERSUS
1) The State of Maharashtra,
Tribal Development Department,
Through its Secretary,
Mantralaya, Mumbai-32,
2) The Scheduled Tribe Certificate
Scrutiny Committee, Aurangabad,
Through its Deputy Director/Member,
3) The Chief Executive Officer,
Zilla Parishad, Jalna,
4) The Deputy Chief Executive Officer,
(Panchayatraj), Zilla Parishad,
Jalna,
5) The Block Development Officer,
Panchayat Samittee, Mantha,
Tq-Mantha, Dist-Jalna.
...RESPONDENTS
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...
Mr.P.V. Jadhavar Advocate for Petitioner.
Mr.A.B. Girase, A.G.P. for Respondent
Nos.1 & 2.
Mr.S.S. Tope Advocate for Respondent Nos.3 to 5.
...
CORAM: R.M. BORDE AND
A.I.S. CHEEMA, JJ.
DATE : 1ST MARCH, 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 admissions stage.
2. The Petitioner claims to belong to "Koli
Malhar", Scheduled Tribe. He has been appointed on
the post of Contractual Gram Sevak as against
vacancy ear-marked for Scheduled Tribe, by order
dated 27th August 2009. The Petitioner joined the
services as Contractual Gram Sevak and has
completed three years tenure on 26th August 2012.
Since the Petitioner has been appointed as against
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reserved vacancy, the tribe certificate issued to
him has been referred to the Scrutiny Committee
for verification, and the proposal is stated to be
pending.
3. In the facts of this case, the Respondent
No.2 - Scrutiny Committee is directed to take
decision on the tribe certificate verification
claim of the Petitioner pending with the Scrutiny
Committee as expeditiously as possible, and
preferably within period of EIGHT MONTHS from
today.
4. The Petitioner has successfully completed
three years tenure as Contractual Gram Sevak and
the Block Development Officer has recommended, on
13th April 2015, to absorb the Petitioner in the
cadre of Gram Sevak. In terms of order of
appointment, the services of the Petitioner are
liable to be regularized as Gram Sevak after
completion of three years tenure as Contractual
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Gram Sevak. In the instant matter, since the
Petitioner has completed three years tenure as
Contractual Gram Sevak on 26th August 2012,
Respondent Nos.3 to 5 are directed to regularize
the services of the Petitioner as Gram Sevak,
provisionally, subject to the decision on the
validation claim pending with the Scrutiny
Committee. The Petitioner shall be paid salary in
the pay-scale prescribed for Gram Sevak on and
after 27th August 2012.
5. The arrears shall be paid to the
Petitioner as expeditiously as possible,
preferably within period of SIX MONTHS from today.
6. Rule is accordingly made absolute in above
terms. There shall be no order as to costs.
[A.I.S. CHEEMA, J.] [R.M. BORDE, J.]
asb/MAR16
