Waman Chandrakant Thakur v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

908.WP10087_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 10087 OF 2014 Waman Chandrakant Thakur ... Petitioner vs.

State of Maharashtra, through its Secretary, Tribal Development Dept. & Ors.

...

Respondents Mr. R.K. Mendadkar, Advocate for the petitioner. Mr. C.P. Yadav, AGP for respondent nos. 1, 2, 4 & 5. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 18th February, 2015.

P.C.

By this Petition, the petitioner seeks a direction to the respondent/Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner also seeks the protection of his services till his caste claim is decided.

It is submitted on behalf of the petitioner that the Scrutiny Committee DID not decide the caste claim of the petitioner due to the pendency of Special Leave Petition No. 2500 of 2014 before the Hon'ble Supreme Court.

Mr. Yadav, the learned Assistant Government Pleader states, on instructions from the Scrutiny Committee, that the petitioner is delaying

908.WP10087_2014.doc the matter and has not appeared before the Committee on the past couple of dates of hearing.

Be that as it may, since the caste claim of the petitioner is pending before the respondent no. 2/Scrutiny Committee, we dispose of the Writ Petition with the direction to the Scrutiny Committee to decide the caste claim of the petitioner within a period of three months from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 4th March, 2015. Since the petitioner was not at fault in not producing the caste validity certificate, the services of the petitioner are protected till his caste claim is decided.

Order accordingly. No order as to costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)