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Bombay High CourtWP/6556/2016rule made absolute

Rajendra Revanna Shetsandi v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

2017-05-02Hon'Ble Shri Justice A.M. Badar,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

13-wp-6556-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.6556 OF 2016 Rajendra Revanna Shetsandi

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. R.K. Mendadkar, for the Petitioner Mr. S.B.Kalel, AGP for Respondent-State.

CORAM : SHANTANU S. KEMKAR & ANANT M. BADAR, JJ.

DATE :

MAY 02, 2017 P.C.:

.

Rule made returnable forthwith. Heard finally at the stage of admission by consent of parties.

2.

The only prayer made by the Petitioner is that the Respondents be directed to release the balance salary and allowances from 1st January, 2016 till date and further till the decision of the Caste Scrutiny Committee.

3.

The fact that the Petitioner is working is not disputed on behalf of the respondents. Having regard to the fact that the time within which the validity proceedings are Vishal Parekar 1/2

13-wp-6556-2016.doc decided beyond the control of the petitioner and further that till the Committee takes a decision, it cannot be held that the petitioner's caste certificate is incorrect. We consider it appropriate to direct that the Respondent No. 3 should release the salary and allowances of the Petitioner from January, 2016 onwards till the Petitioner continues to be in service validly. 4.

We also direct the Respondent No. 2 - Committee to decide the Petitioner's caste validity claim as expeditiously as possible but not later than three months from the date of appearance of the Petitioner before it.

5.

The Petitioner to appear before Respondent No. 2Committee on 16th May, 2017 at 11.00 am. 6.

Rule made absolute in the above terms.

(ANANT M. BADAR, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2