Allowed

Abhilash Chandrakant Budhware v. the State of Maharashtra through Its Principal Secretary and Others

Bombay HC3 Dec 2024WP/3386/2024

Case brief

AI extract

What is this about?

Allowed a writ petition challenging an order of invalidation and termination. The Court held that since two blood relatives secured certificates of validity relying on the petitioner's father, the petitioner was similarly entitled. The impugned orders were quashed, and the petitioner was to be reinstated subject to future Committee decisions.

What did the court decide?

Impugned orders of invalidation and termination quashed; petitioner to receive certificate of validity and be reinstated; Certificate issuance subject to outcome of reopened matter.

Abhilash Chandrakant Budhware Vs the State of… — Pension and Retirement Benefits | Bombay HC (2024)

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2024:BHC-AUG:28362-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 3386 OF 2024

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ABHILASH CHANDRAKANT BUDHWARE VERSUS

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THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

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Shri R.K. Mendadkar, Advocate h/f Shri Boinwad Omgashad B. and A.B. Kharosekar, Advocates for the Petitioner. Ms. S.S. Joshi, AGP for Respondent Nos.1 and 3/State. Shri Anil M. Gaikwad, Advocate for Respondent No.2.

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CORAM : MANGESH S. PATIL &

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PRAFULLA S. KHUBALKAR, JJ.

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DATE : 03^rd December, 2024

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Per Court :-

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Heard both the sides finally.

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The petitioner is challenging the order of

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invalidation and consequent order of termination, passed by respondent No.3/Scrutiny Committee and respondent

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No.2/Company, respectively.

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It is being pointed out that during the pendency of this petition, two blood relatives of the petitioner by name Ms.Nayan Baliram Budhware and Ms.Poonam Shivram

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Budhware, who had also faced similar invalidation, were held entitled to have the certificates of validity by this Court in their respective Writ Petitions bearing Writ Petition No.9759/2024 filed by Ms.Nayan decided on 05.09.2024 and Writ Petition No.10601/2024 filed by Ms.Poonam decided on 27.09.2024.

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The learned AGP, after going through the original papers of the Scrutiny Committee, confirms the fact that though Nayan and Poonam cannot be seen in the genealogy furnished by the petitioner, their fathers Baliram and Shivram can be seen in the genealogy. Independently, even in Nayan’s matter, she was relying upon the genealogy wherein, the petitioner can be traced.

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Since these circumstances would indicate that Nayan and Poonam are related to the petitioner by blood and like the petitioner they were relying upon the validity of Poonam’s father Shivram, even the petitioner is entitled to have a certificate of validity subject to the same terms and conditions as have been indicated in the matters of Nayan and Poonam.

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The Writ Petition is allowed in the following terms:-

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(a) The impugned order of respondent No.3/ Scrutiny

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Committee, as also, the order of termination passed by respondent No.2, are quashed and set aside.

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(b) Respondent No.3/ Committee shall immediately issue a certificate of validity to the petitioner of ‘Koli Mahadev’, Scheduled Tribe.

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validity before respondent No.2.

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(d) Respondent No.2 shall thereafter, reinstate the

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petitioner.

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(e) The grant of validity to the petitioner, shall be

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subject to the outcome of the matter, which the Committee has decided to reopen.

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(f) The petitioner shall not be entitled to claim equities.

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kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J. )

Abhilash Chandrakant Budhware v. the State of Maharashtra through Its Principal Secretary and Others

Case brief

What is this about?

What did the court decide?

Abhilash Chandrakant Budhware v. the State of Maharashtra through Its Principal Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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