Jayshri Murlidhar Bramhane v. The State Of Maharashtra And Others

1 wp 592.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 592 OF 2022 Jayshri Murlidhar Bramhane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri S. B. Yawalkar, Add.G.P. for Respondent Nos. 1 to 5. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

18TH JANUARY, 2022.

FINAL ORDER :

.

The learned counsel for the petitioner submits that, in the present matter validation proceeding is pending. The employer has issued show cause notice to the petitioner to produce validity certificate, else adverse action would be taken and the petitioner would be placed on supernumerary post.

2.

The learned Additional Government Pleader accepts notice for all respondents.

3.

Considering the fact that, the validation proceeding is pending with the Committee, we pass the following order.

ORDER

The Petitioner shall appear before the Committee on

2 wp 592.22 15.02.2022. The Respondent/committee shall endeavour to decide the validation proceeding on it's own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The impugned order is quashed and set aside. The employer may not take adverse action against the petitioner only on the ground that the validation proceeding is pending. Of course, the employer may take further course of action depending upon the judgment that may be delivered in the validation proceeding. 4.

In the light of the above, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 22