Shankar Gangadharrao Maldode v. The State Of Maharashtra And Other

1 916-WP-1150-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1150 OF 2021 Shankar S/o. Gangadharrao Maldode

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr G.K. Chinchole, Advocate for Petitioner Mr P.K. Lakhotiya, A.G.P. for Respondents-State AND WRIT PETITION NO. 1210 OF 2021 Rajesh S/o Govindrao Mudiraj

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr G.K. Chinchole, Advocate for Petitioner Mr P.K. Lakhotiya, A.G.P. for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 21st JANUARY, 2021 PER COURT :

1.

Issue notice to respondents. The learned Assistant Government Pleader accepts notice for all respondents in respective writ petitions. 2.

It is submitted that, validation proceeding in respect of the tribe claims of the petitioners are pending with the Scrutiny Committee, the same are not decided. Without issuing notice to the petitioners, the

2 916-WP-1150-2021 respondents have placed the petitioners on the supernumerary posts. 3.

As the impugned orders are passed without notice to the petitioners, we quash and set aside the impugned orders. 4.

In case the respondents want to take action against the petitioners placing the petitioners on supernumerary posts or otherwise, then notice shall be issued to the petitioners, calling upon them to show cause. In that event, the petitioners can file reply and bring all the relevant facts to the notice of the respondent - Committee. 5.

The Committee shall decide the validation proceedings expeditiously and preferably within a period of six months from the date of appearance of the petitioners.

6.

The petitioners shall appear before the Committee on 28.01.2021.

7.

In the light of the above, the writ petitions are disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta