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Bombay High CourtIA/1471/2020disposed off

Seema D/O. Narayan Salunke v. State Of Maharashtra Through Secretary Tribal Development Dept. And ORS

2021-01-14Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice R. I. Chagla3 pages

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1471 OF 2020 IN WRIT PETITION NO. 4571 OF 2011 Seema N. Salunke ...Applicant

Versus

State of Maharashtra & Ors.

...Respondents

---------- Mr. R.K. Mendadkar, for the Applicant.

Mr. V. Gokhale, '

B' Panel, for the Respondent-State.

---------- CORAM : K.K. TATED & R.I. CHAGLA, JJ.

DATE : 14 January 2021 ORDER :

1.

Heard the learned Counsel for the parties.

Sharayu P. Khot 2.

By this Interim Application, the Applicant is seeking to Digitally signed by Sharayu P.

Khot Date:

2021.01.18 17:34:04 +0530 expedite hearing of Writ Petition No. 4571 of 2011 and also direct the Respondent No. 3 to release the annual increment due and payable to the Applicant from the year 2007 and also to grant time 1/3

bound promotion which is called "Cumulative Progressive Arrears Scheme" and to release benefit thereto subject to decision of the Writ Petition.

3.

The learned Counsel for the Applicant submits that by this Writ Petition, the Applicant is challenging the legality, validity and propriety of the order dated 28th August 2010 passed by the Respondent No. 1 Scheduled Tribe Scrutiny Committee, Kokan Division, Thane.

4.

During the course of argument, the learned Counsel for the Applicant after taking instruction from his client who is present in Court makes a statement that he is not pressing prayer clause (b) of the present Interim Application. Statement is accepted. 5.

Considering the submissions made by the learned Counsel for the Applicant, averments made in the Interim Application and as the issue involved in the present case is about validity of the caste certificate of the Applicant, we are satisfied that Applicant has made out a case for allowing the Interim Application. Hence, the following order is passed.

2/3

(a) Hearing of Writ Petition No. 4571 of 2011 is expedited. (b) Registry is directed to place Writ Petition No. 4571 of 2011 on board for final hearing in weekly board as per its turn in the list of expedited matters.

(c) Interim Application is disposed of accordingly. (d) No order as to costs.

[R.I. CHAGLA J.] [K.K. TATED, J.] 3/3