Bapu Devram Aher v. The State Of Maharashtra Through Secretary And ORS

Shivgan 1 902-WP-61562016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6156 OF 2016 Bapu Devram Aher ....Petitioner.

Vs.

The State of Maharashtra & Ors.

....Respondents.

Mr. Abhijeet Kandarkar, Advocate for the Petitioner. Mr. V.N.Sagare, AGP for the Respondent Nos.1 to 4. CORAM : ANOOP V. MOHTA AND G.S. KULKARNI, JJ.

DATE : 20 AUGUST, 2016.

ORDER:- We are inclined to dispose of the present petition as the Petitioner's caste claim is pending with the appropriate authority since May, 2015. The application is pending before the appropriate authority for caste certificate. However, in view of the averments so made in paragraph 4, the apprehension of the Petitioner that the Respondent employer may terminate his services for want of caste certificate though the Petitioner has been in service since October, 1993 as carpenter. Therefore, in the interest of justice, we are inclined to observe that no coercive steps be taken against the Petitioner for 1/2

Shivgan 2 902-WP-61562016.sxw want of caste certificate as the issue is pending only till the authority decides the Petitioner's application for a caste certificate. In view of this, the Petition is disposed of with liberty. The appropriate authority will decide the caste claim of the Petitioner as early as possible and preferably within eight weeks. Protection granted by us shall continue to remain in operation till decision by the appropriate authority and for a period of two weeks if the adverse order is passed against the Petitioner.

(G.S.KULKARNI, J.) (ANOOP V. MOHTA, J.) 2/2