Bombay High Court
Amarsing Ghanshyamsing Rajput vs State Of Maharashtra Through Its ... on 9 January, 2024
Author: M.M. Sathaye
Bench: Nitin Jamdar, M.M. Sathaye
2024:BHC-AS:2148-DB
Husen 1 37 WP-2964-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2964 OF 2018
Amarsing Ghanshyamsing Rajput ...Petitioner
Versus
State Of Maharashtra And Ors. ...Respondents
.......
Mr. R.K. Mendadkar, Advocate for Petitioner.
Ms. R.A. Salunkhe, AGP Advocate for Respondent Nos. 1 to 4.
.......
CORAM : NITIN JAMDAR &
M.M. SATHAYE, JJ.
DATE : 9 JANUARY 2024
P.C.:
. Heard learned counsel for the parties.
2. The Petitioner has relied upon a document which is modi script, which according to Petitioner relates to his paternal grand father. Learned counsel for the Petitioner states that after the impugned order was passed, the Petitioner has come across entry in the birth register in respect of the Petitioner's paternal grand father of the year 1909 in modi script which shows entry as Rajput.
3. The Petitioner has retired from service and his pensionary benefits are not granted in view of the impugned order. It is not possible for us to render any finding upon this document instead of ::: Uploaded on - 17/01/2024 ::: Downloaded on - 29/01/2024 21:39:24 ::: Husen 2 37 WP-2964-2018.doc setting aside the impugned order. Nothing is stated in this Petition as to why this document could not be obtained in due diligence, only by way of indulgence since the Petitioner's pensionary benefits are withheld, we direct the following course of action:
a) The Petitioner to appear before District Caste Certificate Scrutiny Committee, Sangli on 29 January 2024.
b) The Petitioner will produce the document annexed at Exhibit-
G to the Petition before the Scrutiny Committee, thereafter which will carry out necessary inquiry and render finding as to whether it supports the claim of the Petitioner as argued before us. The District Caste Certificate Scrutiny Committee will remit such finding to this Court for passing further orders.
4. Hearing of this Petition is deferred to 29 April 2024.
5. In the meantime, it is open to the Petitioner to apply to his employer for releasing the provisional pension, the prayer of which could be considered by the Respondent - employer as per the governing Rules.
( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)
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