In a writ petition concerning validity certificate for a Scheduled Tribe position, the High Court directed the authority to decide the pending representation within three months and disposed of the petition.
Directed Respondent No.3 to decide the pending representation within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4.3509.22-wp.docx
Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2023.01.11 18:53:05 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3509 OF 2022
Deepak Amarsingh Shinde
….. Petitioner
Vs.
The State of Maharashtra & Ors. ….. Respondents
Mr. R. K. Mendadkar a/w. Ms. Komal Gaikwad for the Petitioner Mrs. Rupali Adhate for the Municipal Corporation Mr. Kedar Dighe, AGP for the State
CORAM: S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.
DATED : JANUARY 11, 2023
P.C.
1 Heard Mr. Mendadkar, learned Counsel for the Petitioner, the learned AGP for the Respondent State and the learned Counsel for the Municipal Corporation.
2 Three times, earlier, the claim of the Petitioner for issuance of the validity certificate was rejected. Eventually, the Petitioner is issued with the validity certificate of Thakur, Scheduled Tribe. The learned Counsel submits that the Petitioner is entitled for continuity in service and all service benefits. The Petitioner has given representation (Page 43 to the Writ Petition) to Respondent No.3, however, no decision is taken, as yet.
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4.3509.22-wp.docx
(ACTING CHIEF JUSTICE)
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Basavraj
2 issues framed by the court
Whether the petitioner is entitled to continuity of service and benefits after holder of Scheduled Tribe certificate.
Whether the authority must decide pending representation within a specified time.
Deepak Amarsingh Shinde
The State of Maharashtra
S.V. Gangapurwala
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
