Gahininath Dagadu Buge v. State Of Maharashtra Through Its Secretary And ORS

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 822 OF 2015.

Gahininath Dagadu Buge .... Petitioner.

V/s.

State of Maharashtra through:

Its Secretary and Ors .... Respondents.

Mr R.K. Mendadkar a/with Mr Chintamani Bhangoji for the Petitioner.

Ms Sushma Bhende, A.G.P. for Respondent No. 1 and 2. CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : 11th January, 2017.

P.C. :

1) In pursuance of our earlier directions the Committee has decided the claim of the petitioner but found that the same could not be substantiated. Hence, the caste certificate was invalidated. Such an order of the Committee is now sought to be challenged but the petitioner's Advocate states that they would file a substantive writ petition. 1/2 901-AS-WP-822-15.doc

2) Once the directions of the Court were to decide the claim and now that a decision is rendered this writ petition need not be kept pending, it cannot be pursued any further. It is disposed of in the light of the order passed by the Caste Scrutiny Committee.

3) However, the petitioner has since received a show cause notice and under which it was directed that his services would be terminated on the caste claim being invalidated or found to be invalid. By an ad-interim order passed on 23rd January, 2015 in this writ petition, the employment/services of the petitioner were protected.

4) At the request of the petitioner's counsel we continue this ad-interim order for a period of eight weeks. No further continuation will follow unless and until the substantive proceedings are instituted within this period. The continuation is strictly without prejudice to the rights and contentions of the parties. The petition is disposed of accordingly. [ B.P. COLABAWALLA, J.] [S.C. DHARMADHIKARI, J.] 2/2 901-AS-WP-822-15.doc