Natthusing Pachusing Padwal v. State Of Maharashtra Through Its Secretary And Others

1628.22WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 WRIT PETITION NO.1628 OF 2022 NATTHUSING PACHUSING PADWAL

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Mr.A.S. Deshpande, Advocate for the petitioner Mr. P.S. Patil, Addl.G.P.for respondent/State. ...

CORAM : S.V. GANGAPURWALA AND S.G. DIGE, JJ.

DATE : 21st FEBRUARY, 2022 PER COURT :- .

It is submitted that validation proceedings in respect of the caste claim of the petitioner is pending with the Committee since 2013. The petitioner is placed on supernumerary post. The learned Addl.G.P. also confirmed that the validation proceedings of the petitioner are pending.

2.

The impugned order placing the petitioner on supernumerary post is passed without notice to the petitioner and without hearing the petitioner, the same is against the principles of natural justice.

3.

In that view, the impugned order is quashed and set aside. The employer, if it wants to take action of placing the petitioner on

1628.22WP.odt supernumerary post, shall issue notice to the petitioner and then only may proceed with the same in accordance with law and considering the orders of this Court.

4.

The petitioner shall appear before the Committee on 7th March, 2022.

5.

The Committee shall endeavour to decide the proceedings expeditiously and preferably within six months.

6.

The Writ Petition is disposed of. No costs.

(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.) SGA