Citation : 2024 Latest Caselaw 23980 Bom
Judgement Date : 14 August, 2024
950wp8568-24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
950 WRIT PETITION NO. 8568 OF 2024
SANJIV RAMAYYA KOGURWAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Sunil M. Vibhute, Advocate for the Petitioner
Mr. M. M. Nerlikar, Addl.GP for Respondents
CORAM : RAVINDRA V. GHUGE &
Y. G. KHOBRAGADE, JJ.
DATE : 14th August, 2024
ORDER:
1. The Petitioner is in employment. He has received the
'Mannervarlu' Scheduled Tribe certificate, on 12.06.1990. His claim was
validated on 15.01.2011. His case was reopened and by the impugned
judgment dated 03.07.2024, his certificate of validation is cancelled and
the claim has been invalidated.
2. The Petitioner tenders an affidavit undertaking dated
13.08.2024, stating therein that he would not seek any increment/
promotion/revised pay fixation/ service benefits, etc., until his claim is
validated by this Court. The said affidavit undertaking is marked as
'X-1' for identification. Based on the same, he prays for protection of
his service.
3. Issue notice to the Respondents, returnable on 18.09.2024.
950wp8568-24
4. The learned AGP waives service of notice on behalf of
Respondent Nos. 1 and 2. Shri Pulkundwar, the learned Advocate
waives service of notice on behalf of Respondent Nos. 3 and 4.
5. The Petitioner has already given a copy of the affidavit
undertaking to the learned Advocate for the Zilla Parishad, in the Court.
6. In view of the affidavit undertaking, we direct the Zilla
Parishad not to terminate the service of the Petitioner until the decision
in this Petition, only for the reason that his claim has been invalidated.
7. All office objections to be removed on or before 3 rd September,
2024, failing which, the Petition would stand dismissed on 4 th
September, 2024 without reference to the Court.
( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )
JPChavan
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