Allowed

Dnyaneshwar S/O Sandu Thakur v. the State of Maharashtra and Ors.

Bombay HC3 Mar 2014WP/8123/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed a writ petition filed by an employee whose Scheduled Tribe claim was pending. Relying on a precedent and the pendency of the claim, the Court directed that salary restriction be liberalized and specified a timeline for the committee to decide.

What did the court decide?

Directing the Caste Scrutiny Committee to decide within four months and the respondent to disburse salary unless the committee decision is adverse after four weeks.

Dnyaneshwar S/O Sandu Thakur Vs the State of… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 8123 OF 2013

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Dnyaneshwar s/o. Sandu Thakur vs

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.... Petitioner

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1 The State of Maharashtra, through Principal Secretary, Tribal Development Department, Mumbai

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2 The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar

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3 The Chief Executive Officer, Zilla Parishad, Nashik

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.... Respondents

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Mr. K. T. Shirurkar for the petitioner. Mr. A.I. Patel, AGP for respondents 1 and 2. Mr. V. V. Gangurde for respondent No.3.

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CORAM: ANOOP V. MOHTA AND

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M. S. SONAK, JJ.

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DATE : March 03, 2014

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ORAL JUDGMENT (Per Anoop V. Mohta, J.):

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Heard finally by consent.

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2 The Petitioner's claim with regard to Thakur (Scheduled

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Tribe) is still pending with Caste Scrutiny Committee at Nandurbar.

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Since 2006. The Petitioner is admittedly working as Shikshan Sevak with Respondent No.3 since 29.05.2003. The Petitioner has challenged impugned order/notice dated 6.9.2012 and 17.10.2012, issued by Respondent No.3 thereby pending the caste claim, they have restricted the salary of Petitioner to only Rs.3,000/- per month, instead of his due and payable salary since 29.1.2009.

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3 Considering the fact of pendency of his caste claim and in view of the decision given by this Court in Writ petition No.9464/2011 Smt. Jyoti Suratsing Thakur vs. State of Maharashtra and ors. (Aurangabad Bench) dated 7.3.2013 and also for the reason that the Petitioner has admittedly been working with Respondent No.3 on regular basis, at this stage, there is no question of restricting his due salary. Therefore, we are inclined to allow this petition by keeping all points open, including recovery of salary, as paid, if caste Scrutiny Committee's decision goes against the Petitioner.

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4 The Caste Scrutiny Committee to decide the claim of the Petitioner as early as possible and preferably within four months from today. The decision, if adverse to the Petitioner, if any, shall

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not be implemented for further four weeks.

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5 The Writ Petition is accordingly disposed of in the above terms. All points are kept open for both the parties. It is made clear that Respondent No.3 to disburse the salary as early as possible preferably within four months. No costs.

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(M. S. SONAK, J.) (ANOOP V. MOHTA, J.)

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Dnyaneshwar S/O Sandu Thakur v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Dnyaneshwar S/O Sandu Thakur v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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