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WP NO.10434 of 2015group

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 10434 OF 2015

Shubhangi Sambhaji Waghmode,

Age : 25 years, Occu.: Service,

R/o. Omerga, Tq. Omerga,

Dist. Osmanabad.

..PETITIONER.

VERSUS

1)

The State of Maharashtra,

Tribal Development Department,

Through its Secretary,

Mantralaya, Mumbai - 32.

2)

The Scheduled Tribe Certificate,

Scrutiny Committee, Aurangabad.

Through its Deputy Director / Member.

3)

The Chief Executive Officer,

Zilla Parishad, Osmanabad.

4)

The Deputy Chief Executive Officer,

Zilla Parishad, Osmanabad.

5)

The Block Development Officer,

Panchayat Samittee, Omerga,

Tq. Omerga, dist. Osmanabad.

..RESPONDENTS.

...

WITH

WRIT PETITION NO.10469 OF 2015

Netaji S/o Fulchand Dabade

Age : 30 years, Occu.: Service,

R/o. Karanjkheda,

Tq. & Dist. Osmanabad.

...PETITIONERS.

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WP NO.10434 of 2015group

VERSUS

1)

The State of Maharashtra,

Tribal Development Department,

Through its Secretary,

Mantralaya, Mumbai - 32.

2)

The Scheduled Tribe Certificate,

Scrutiny Committee, Aurangabad.

Through its Deputy Director / Member.

3)

The Chief Executive Officer,

Zilla Parishad, Osmanabad.

4)

The Deputy Chief Executive Officer,

Zilla Parishad, Osmanabad.

5)

The Block Development Officer,

Panchayat Samittee, Lohara,

Tq. Omerga, dist. Osmanabad.

..RESPONDENTS.

...

WITH

WRIT PETITION NO.10476 OF 2015

Balaji S/o Hanmantrao Nalmale

Age : 26 years, Occu: Service,

R/o. Chincholi (B), Tq. Nilanga,

Dist. Latur....PETITIONERS.

VERSUS

1)

The State of Maharashtra,

Tribal Development Department,

Through its Secretary,

Mantralaya, Mumbai - 32.

2)

The Scheduled Tribe Certificate,

Scrutiny Committee, Aurangabad.

Through its Deputy Director / Member.

3)

The Chief Executive Officer,

Zilla Parishad, Osmanabad.

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WP NO.10434 of 2015group

4)

The Deputy Chief Executive Officer,

Zilla Parishad, Osmanabad.

5)

The Block Development Officer,

Panchayat Samittee, Omerga,

Tq. Omerga, dist. Osmanabad.

..RESPONDENTS.

...

Mr. Pratap V. Jadhavar, Advocate for Petitioners;

Mr. N.B. Patil, AGP for Respondent No.1 State;

Mr. P.S.Patil, Mr. Ashok Tele, and Mr.K.D. Bade

Patil, Advocates for Respondent No.2.

Mr. P.P.Dama, Advocate for Respondent Nos.3 to 5.

...

CORAM: R.M.BORDE

AND

P.R.BORA, JJ.

DATED : 27th October, 2015.

...

ORAL JUDGMENT: ( Per R.M.Borde, J )

1)

The petitioners claim to belong to Koli Mahadeo

Sheduled Tribe. They have been appointed as a Gram Sevak

in Zilla Parishad, Osmanabad, as against vacancies available

for Scheduled Tribe category candidates.

2.

The grievance of the petitioners is that, as a result of

their failure to tender validation certificate, the employer i.e.

the Zilla Parishad has withheld the monthly salary admissible to

them and has also not considered their claim for regularization

on completion of three years' service as contractual Gram

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Sevaks.

It is the contention of the petitioners that, as per the

policy laid down by the State Government, on satisfactory

completion of period of three years' on the post of contractual

Gram Sevak, the employee is entitled to be continued on the

said post, as regular employee and is also eligible to draw

salary in the prescribed pay scale.

3.

In the facts and circumstances of this case, this

petition can be disposed of with direction to respondent no.2

Scrutiny Committee to decide the validation claim presented by

the petitioners to the Committee as expeditiously as possible,

and preferably within a period of eight months from today, and

it is accordingly directed.

4.

Learned Counsel appearing for the Zilla Parishad

makes a statement, on instructions, that the claims of the

petitioners for regularization and in respect of payment of

salary in the prescribed pay scale and release of arrears of

back-wages would be considered within a period of three weeks

from today.

In view of th