Citation : 2022 Latest Caselaw 340 Bom
Judgement Date : 10 January, 2022
1 wp 408.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
80 WRIT PETITION NO.408 OF 2022
MANISHA MANSARAM KOLI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Jadhavar Pratap V.
AGP for Respondents/State: Mr. P. S. Patil
...
CORAM: S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATE: 10th JANUARY, 2022
PER COURT:
1. The learned Counsel for the Petitioner
submits that the Petitioner is appointed as Krushi
Sevak. The Petitioner had completed three 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 the Petitioner for
regularisation.
2. The learned A.G.P., on instructions,
submits that vigilance is pending.
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2 wp 408.2022
3. Unless vigilance is completed, the
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 08.02.2022.
[II] The 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
validation proceeding before the 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 three years
3 wp 408.2022
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 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. In view of the above, the Writ Petition
is disposed of. No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
marathe
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