Citation : 2022 Latest Caselaw 1029 Bom
Judgement Date : 28 January, 2022
1 wp 1365.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
949 WRIT PETITION NO.1365 OF 2022
NARESH MOTIRAM ROUTULWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Vibhute Sunil M.
AGP for Respondents: Mr. A. R. Kale
...
CORAM: S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATE: 28th JANUARY, 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.
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2 wp 1365.2022
3. Unless vigilance is completed, petitioner may
not have much role to play in the validation
proceeding.
4. In the light of that, we pass the following
order-
ORDER
I] The petitioner shall appear before the Scrutiny Committee on 21.02.2022.
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.
3 wp 1365.2022
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. The Writ Petition accordingly stands disposed
of. No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
marathe
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