Vishnu Kondiba Dhumal v. State Of Maharashtra Thr. Secretary General Administration Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3855 OF 2021 Vishnu Kondiba Dhumal ... Petitioner V/s.

State of Maharashtra, Through Secretary General Administration Dept. and Ors.

... Respondents ------------------- Mr. Chintamani K. Bhagoji, Advocate for the Petitioner. Ms. M.S. Bane, AGP for the Respondent - State. --------------------- PALLAVI MAHENDRA WARGAONKAR CORAM :SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ.

PALLAVI MAHENDRA WARGAONKAR Date: 2021.08.09 17:14:55 +0530 DATE :9th AUGUST 2021.

P.C. :

1.

Heard the learned counsel for the parties.

2.

The learned counsel for the petitioner submits that by this petition under Article 226 of the Constitution of India, the Petitioner is challenging Government Resolution dated 21st December 2019 issued by the Respondent/ State and also orders passed by the Appointing Authority putting the Petitioner'

s services, as supernumerary/ temporary basis for 11 months, for non-submission of Caste Validity Certificates.

3.

Registry pointed out that several matters are pending in respect of the same issue at Aurangabad Bench, Nagpur Bench and also Principal Bench at Bombay. Registry submitted that all these matters are transferred for hearing and final disposal at Aurangabad Bench as per directions issued by the Hon'

ble the Chief Justice dated 26th November 2020.

4.

The learned counsel for the petitioner invited our attention to the order dated 27th November 2020 passed in Writ Petition (St.) No.96262 of 2020 wherein the petition raising the same issue was transferred to Aurangabad Bench by issuing directions to the Registry. The same course can be adopted in this petition as well. Hence, the following order:- a) Registry is directed to take immediate steps for transferring this matter to the Aurangabad Bench;

b) Respondents are directed not to take any coercive action against the Petitioner on the basis of Government Resolution dated 21st December 2019 and also orders passed by the Appointing Authority putting the Petitioner' s

services as supernumerary/ temporary basis for 11 months, for non-submission of Caste Validity Certificates for a period of four weeks;

c) Liberty is granted to the petitioner to move before appropriate Bench at Aurangabad for further orders. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J),