Citation : 2021 Latest Caselaw 15565 Bom
Judgement Date : 28 October, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12099 OF 2021
Gangasagar Shriram Bhusewad .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. A. R. Kale, AGP for Respondents/State.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 28th October, 2021.
PER COURT:-
. The learned Advocate for the petitioner submits that the
petitioner is appointed as Krushi Sevak. The petitioner had completed 3
years of service. The petitioner is entitled to be granted pay scale of
Krushi Sahayyak. Only on the ground that validity certificate is not
submitted, the respondents are not considering petitioner for
regularization.
2. The learned A.G.P., on instructions, submits that vigilance is
pending.
3. Unless vigilance is completed, petitioner may not have much role
to play in the validation proceeding.
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4. In light of that, we pass the following order-
ORDER
I] The petitioner shall appear before the Scrutiny Committee on
15.11.2021.
II] The Scrutiny Committee shall endeavour to decide the validation
proceeding within a period of six (06) months from the date of
appearance of the petitioner. The petitioner shall co-operate in
expeditious disposal of the validation proceeding before the Scrutiny
Committee.
III] The respondents shall take decision upon the claim of the
petitioner for salary of Krushi Sahayyak on it's own merits.
IV] The petitioner will have to show that, he has completed 3 years
satisfactory services and the availability of the post.
V] The claim of the petitioner for pay scale as may be prescribed
shall not be rejected only on the ground that validation proceeding is
still pending.
VI] The respondents may take further course of action depending
upon the Judgment that would be delivered by the Scrutiny Committee
in the validation proceeding and whatever decision would be taken by
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the Authority about the claim of the petitioner, the same would be
provisional and subject to the decision delivered by the Scrutiny
Committee in the validation proceeding.
5. Writ Petition accordingly stands disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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