Ramdas Sampat Suradkar vs The State Of Maharashtra And ...
2022 Latest Caselaw 2383 Bom

                                  1                              wp 3103.2022

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               966 WRIT PETITION NO.3103 OF 2022
                RAMDAS SAMPAT SURADKAR
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
   Advocate for Petitioner: Mr. Jadhavar Pratap V.
         AGP for Respondents: Mr. S. K. Tambe
                           ...
                                   CORAM: S. V. GANGAPURWALA &
                                          S. G. DIGE, JJ.
                                   DATE:     09th MARCH, 2022
 PER COURT:

 1.       The        learned      Counsel      submits          that         the

 Petitioner is appointed as Assistant Teacher on

 fixed salary. The Petitioner had completed three

 years of service. The Petitioner is entitled to be

 granted pay scale of Assistant Teacher. Only on

 the       ground          that   validity    certificate            is      not

 submitted, the Respondents are not considering the

 Petitioner for regularization.


 2.       We have heard the learned A.G.P.


 3.       Unless vigilance is completed, the Petitioner

 may not have much role to play in the validation

 proceeding.




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                                       2                               wp 3103.2022

 4.       In      light        of    that,    we   pass      the       following

 order-

                                          ORDER

[I] The Petitioner shall appear before

the Scrutiny Committee on 07.04.2022.

[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 Assistant Teacher as per pay scale on it's

own merits.

[IV] The Petitioner will have to show

that, he has completed three years

satisfactory services and the availability of

the post.

                                        3                                   wp 3103.2022

          [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 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