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Bombay High CourtWP/11298/2015disposed off

Nilesh S/O Balwant Shirsath v. The State Of Maharashtra Through Principal Secretary And ORS

2016-10-25Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

WP.11298/2015(25) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11298 OF 2015 Nilesh Balwant Shirsath

...Petitioner

Vs.

The State of Maharashtra & Ors.

...Respondents

Mr. K.T. Shirurkar, Advocate for the Petitioner Ms. Nisha Mehra, AGP for the State CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED :25TH OCTOBER, 2016 P.C. :

Parties through their Counsel. We find that the question has already been considered and decided by the Division Bench of this Court in the case of Jitendra Sudhakar Ahire Vs. State of Maharashtra in Writ Petition No.6033 of 2014 vide order dated 20th April, 2015.

2.

In view of the aforesaid order we dispose of this Petition by directing the Scrutiny Committee to decide the Petitioner's caste claim as expeditiously as possible, but not later than 6 months from the date appearance of the Petitioner before the

WP.11298/2015(25) Scrutiny Committee.

3.

The Petitioner to appear before the Scrutiny Committee on 21 st November, 2016.

4.

We also observe that since the Petitioner was not at fault in not producing the Caste Validity Certificate we direct Respondent No.3 to release salary as also the arrears of salaries of the Petitioner from 19 th June, 2006 within 2 months and also pay his regular salary as the Petitioner's entitlement till the Petitioner's caste claim is decided. 5.

The Petition is disposed of accordingly.

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