Rekha Ashok Thakur v. State Of Maharashtra Through Secretary And ORS

(902) WP-6614-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6614 OF 2018 Rekha Ashok Thakur ... Petitioner Vs State of Maharashtra through its Secretary, Tribal Development Department And Ors.

... Respondents Mr.R.K. Mendadkar for the Petitioner.

Mr.S.B. Kalel, AGP for the Respondent Nos.1, 2 and 4-State. Mr.Anurag Jain for the Respondent No.3.

CORAM : S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

THURSDAY, 02ND AUGUST , 2018 P.C. :

After hearing both sides, we are of the view that this writ petition can be disposed of with a direction to the respondent No.2-Committee to expedite the process of verification and scrutiny of the petitioner's claim and render a final decision on or before 30th October 2018. M.M.Salgaonkar 1/2

(902) WP-6614-18.doc Till the Committee decides the matter and for a period of 15 days thereafter, in the event the decision of the Committee is adverse to the petitioner, her services shall not be terminated only on the ground that she has failed to submit her caste validity certificate. However, this order is without prejudice to the rights and contentions of both sides. This is not an expression on the merits of the case before Scrutiny Committee. The writ petition is allowed in these terms. There will be no order as to costs.

Needless to clarify that the order/notice terminating the petitioner's service does not survive and stands quashed and set aside accordingly.

SMT. BHARATI H. DANGRE, J.

S.C. DHARMADHIKARI, J.

M.M.Salgaonkar 2/2