Priyadarshini Madhav Raut vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 6966 Bom

Bombay High Court

Priyadarshini Madhav Raut vs The State Of Maharashtra Through Its ... on 4 March, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                                         39-WP-2412-2024.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                     WRIT PETITION NO. 2412 OF 2024

                Priyadarshini Madhav Raut
                          VERSUS
            The State Of Maharashtra Through
                 Its Secretary And Others
                            ...

Mr. P. V. Jadhavar, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents ...

                                      CORAM     : RAVINDRA V. GHUGE &
                                                  R. M. JOSHI, JJ
                                      DATE      : MARCH 04, 2024

PER COURT :

1.          By       the   impugned    judgment,       the    Petitioner's

claim of belonging to the Koli Mahadev tribe, has been

rejected. She is in employment with PWD.

2. The Petitioner claims that Aarti, daughter of

Dilip Raut, is her cousin sister. Aarti has been

granted a validity certificate. So also, her biological

brothers Sagar and Rutvik Dilip Raut, have also been

granted a validity certificate. As such, it is

necessary to find out as to whether Aarti, Sagar and

Rutvik have indicated the present Petitioner as their

cousin sister, when they tendered their family

geneology in their proceedings before the competant

39-WP-2412-2024.odt

committee. There is every reason for the Petitioner

today to claim close relations with Aarti, Sagar and

Rutvik, as they have received validity certificates.

3. The learned Advocate for the Petitioner

submits that the Petitioner is willing to file an

affidavit/undertaking declaring that she will not be

seeking increments, pay revision, promotion or service

benefits etc, until her claim is validate. On the basis

of such affidavit/undertaking, she prays for

protection.

4. Issue notice to the Respondents, returnable on

26th March, 2024. The learned AGP waives service of

notice on behalf of all the Respondents.

5. The learned AGP shall place before us the

family tree presented by Aarti Dilip Raut, Sagar Dilip

Raut and Rutvik Dilip Raut, who have received validity

certificates.

6. On the condition of filing the affidavit

/undertaking as noted above, the services of the

Petitioner would be protected against termination until

further orders, only in relation to the reason that she

39-WP-2412-2024.odt

has not received a validity certificate. Such

affidavit/undertaking shall be filed in this Court as

well as before the employer, within 15 days from today.

7. Considering the short issue involved, list

this Petition in the "urgent orders" category on 26th

March, 2024.

8. All office objections to be removed on or

before 20th March, 2024, failing which, this Petition

shall be dismissed without further reference to the

Court on 21st March, 2024.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani