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Bombay High CourtWP/11574/2016disposed off

Mrs. Shaila Laxman Aakhadmal Alias Kum. Shaila Naval Chavan v. State Of Maharashtra Through Secretary And ORS

2016-10-06Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11574 OF 2016 Mrs. Shaila Laxman Aakhadmal

...Petitioner

Vs.

State of Maharashtra & Ors.

...Respondents

Mr. C.K. Bhangoji i/b. Mr. R.K. Mendadkar, Advocate for the Petitioner Ms. Rupali M. Shinde, AGP for the State CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED :6TH OCTOBER, 2016 P.C. :

Parties through their Counsel. The grievance of the Petitioner is that the Petitioner's matter relating to the validation of her caste certificate is pending before the Respondent No.2 The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, District: Nashik since 23 rd July, 2013. However for want of the Caste Validation Certificate the Respondent No.3 has issued a notice dated 31 st August, 2016 Exhibit-C to the Petitioner directing that in case the Petitioner fails to produce the Caste Validation Certificate

within one month from the date of receipt of the above communication the Petitioner's services would be terminated. 2.

According to the Petitioner for no fault on her part she will be suffering order of termination. In the circumstances the prayer is made to direct the Respondent No.2 The Scheduled Tribe Certificate Scrutiny Committee to take appropriate decision on the aforesaid Caste Validation Certificate as expeditiously as possible until then the Respondent No.3 be restrained from taking any coercive steps against the Petitioner for non-submission of the Caste Validation Certificate.

2.

Having considered the statements made by the learned Counsel for the parties we are inclined to dispose of this Petition with directions to Respondent No.2 to decide the Petitioner's case as expeditiously as possible but not later than 3 months from the date of receipt of this order. Till the Petitioner's claim is decided by the Committee she be allowed to continue in service. The Petitioner to appear before the

Committee on 24 th October, 2016 at 11 a.m.

3.

Writ Petition stands disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)