Bapu Devram Aher v. The State Of Maharashtra Thru The Secretary, Tribal Development Dept. And ORS

1 905.28914.18 wpst.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 28914 OF 2018 Bapu Devram Aher .....Petitioner V/s.

The State of Maharashtra and others .....Respondents Mr. Laxman S. Deshmukh for the petitioner Mrs. R. M. Shinde AGP for the State CORAM : R. M. SAVANT & NITIN W SAMBRE, JJ.

DATE :

12th OCTOBER, 2018.

P.C.

The above Writ Petition has been filed and moved on an urgent basis on the apprehension that action would be taken by the respondent no. 3 in respect of terminating the services of the petitioner, pursuant to the notice dated 25/09/2018 which has been issued to all the employees from the reserved category. By the said notice, the employees from the reserved category have been informed that they should produce their caste validity certificates by by Iresh Siddharam Mashal Date:

2018.10.12 15:54:48 +0530 Iresh Siddharam Mashal

2 905.28914.18 wpst.doc 05/10/2018. It seems that the caste certificate was sent to respondent no. 2 Committee for validation in the year 2017 after it was once returned in the year 2015 and since then it is pending adjudication before the respondent no. 2 Committee. We therefore, direct the respondent no. 2 Committee, Nashik to decide the tribe claim of the petitioner latest by 31/03/2019 by giving proper opportunity to the petitioner. The petitioner to appear before the respondent no. 2 Committee on 01/11/2018 and the Committee thereafter to decide the tribe claim of the petitioner within the outer limit stipulated by the instant order. In the interregnum i.e. till the petitioner's tribe claim is decided, no coercive action be taken against the petitioner. With the directions as aforesaid, the above Writ Petition is disposed of.

[NITIN W. SAMBRE, J.] [R. M. SAVANT, J.]