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Bombay High CourtWP/5928/2014disposed off

Ravindra Narayan Mendadkar v. State Of Maharashtra, Through Secretary, Education Dept And ORS

2015-02-11Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5928 OF 2014 Ravindra N. Mendadkar ....Petitioner.

Versus

State of Maharashtra & Ors.

...Respondents.

Mr. C.K.Bhangoji i/by R.K.Mendadkar, advocates for the Petitioner. Ms. S.S.Bhende, AGP for the respondent nos.1 and 2-State. Mrs. Ranjana Todankar, advocate for the respondent no.3. CORAM : SMT. VASANTI A.NAIK & SHRI C.V.BHADANG, JJ.

DATED : February 11, 2015.

P.C.:

By this petition, petitioner seeks a direction to the respondentscrutiny committee to decide the caste claim of the petitioner. The petitioner seeks the protection of his services and a direction to the respondents to pay the salary to the petitioner till his caste claim is decided.

Ms. Bhende, learned Assistant Government Pleader for the scrutiny committee states that the caste claim of the petitioner is pending before the committee and the same would be decided as early as Shivgan 1/2

23-wp-5928-14 possible.

In view of the aforesaid, we dispose of the petition with a direction to the scrutiny committee to decide the caste claim of the petitioner as early as possible and positively within a period of nine months. The petitioner undertakes to appear before the scrutiny committee on 2.3.2015 so that issuance of notice to the petitioner could be dispensed with. Since the petitioner was not at fault in not producing the caste validity certificate, we direct the respondent no.2 to pay the arrears of salary to the petitioner within a period of two months and release the regular salary of the petitioner till his caste claim is decided. Order accordingly.

No order as to costs.

( C.V.BHADANG, J.) (V.A.NAIK, J.) Shivgan 2/2