Yogesh Hanmant Pakalwad v. The State Of Maharashtra And Others

1 wp 137.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 137 OF 2020 YOGESH HANMANT PAKALWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Vibhute Sunil M. AGP for Respondents No. 1 & 2 : Mr. S. P. Tiwari ...

CORAM:S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE: 06th JANUARY, 2020 PER COURT:

1.

The learned counsel for the petitioner submits that validation proceeding is pending with respondent no. 2. The same is not yet decided. The respondent / employer has issued notice directing the petitioner to produce the validity or else the action would be taken.

2.

The learned A.G.P. accepts service of notice for respondents no. 1 and 2.

3.

Considering the above, we pass the following order.

2 wp 137.20 4.

Respondent no. 2 / committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 30.01.2020. The impugned communication is quashed and set aside. The respondent / employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. The respondent / employer may take further course of action depending upon the judgment that will be delivered by the committee in the validation proceeding.

5.

Writ Petition is accordingly disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe