Maroti Kondiba Pupalwad vs The State Of Maharashtra And ...
2017 Latest Caselaw 2001 Bom

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                                                                  wp12039.16.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                       WRIT PETITION NO. 12039 OF 2016
                                        

 Maroti s/o Kondiba Pupalwad
 age 32 years, occ. Service
 r/o At post Patoda, Tq. Naigaon
 Dist. Nanded                                                      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, Ahmednagar
          Tq. & Dist. Ahmednagar

 4.       The Education Officer (Primary)
          Zilla Parishad, Ahmednagar
          Tq. & Dist. Ahmednagar                                   Respondents


 Mr. P.V. Jadhavar, advocate for the petitioner. 
 Mr. A.S. Shinde, A.G.P. for Respondents 1 and 2.
 Ms. Suvarna Zaware, advocate for respondents 3 and 4..
  
  
  
                                       CORAM : R.M.BORDE &
                                                     K.L. WADANE, JJ.

                                     DATE     : 25th APRIL, 2017

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

  





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                                                                      wp12039.16.odt

1. Rule. Rule made returnable forthwith.

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

3. The petitioner has been appointed as Shikshan Sevak as against reserved vacancy prescribed for Scheduled Tribe category. The petitioner claims to be belonging to Mannervarlu Scheduled Tribe and the caste validation proposal tendered to the Scrutiny Committee for verification is stated to be pending.

4. Since the tribe claim in respect of the petitioner is pending with the Scrutiny Committee for consideration, the respondent no. 2 Scrutiny Committee is directed to take decision on the validation proposal pertaining to the petitioner pending with the Scrutiny Committee as expeditiously as possible, preferably within one year from today.

5. Petitioner makes a grievance that although he has completed three years tenure as Shikshan Sevak, he is not being paid salary in the pay-scale prescribed for the Assistant Teacher on completion of the requisite period prescribed under the Government policy. In view of the scheme formulated by the State Government concerning the appointment and service regulations of the Shikshan Sevak, the petitioner on completion of period of three years, shall have to be accommodated in employment as an Assistant Teacher and shall also be required to be paid salary in the prescribed pay-scale.

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6. Respondent nos. 3 and 4 are directed to regularize the services of the petitioner in the cadre of Assistant Teacher provisionally and shall also pay the salary in the pay-scale prescribed for the Assistant Teacher from the date of completion of his three years tenure as a Shikshan Sevak i.e. since 26 th August, 2012. The arrears receivable by the petitioner shall be computed and paid within period of six months from today. The petitioner shall be entitled to be continued in employment as an Assistant Teacher, however, subject to the decision of the Scrutiny Committee in respect of the tribe certificate validation claim pending with the Scrutiny Committee.

7. Rule is accordingly made absolute in above terms. There shall be no order as to costs.

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

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