Citation : 2022 Latest Caselaw 1887 Bom
Judgement Date : 24 February, 2022
(1) 930-wp-2735-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2735 OF 2022
SWATI VENKATRAO BASTE ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. A. S. Shinde, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 24th FEBRUARY, 2022.
PER COURT:-
1. 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.
4. In light of that, we pass the following order-
ORDER
I] The petitioner shall appear before the Scrutiny Committee on 23.03.2022.
(2) 930-wp-2735-2022 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 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.
(S. G. DIGE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/February-2022
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