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Bombay High CourtWP/2166/2020disposed offdismissed for default

Krishna Datta Irmale v. The State Of Maharashtra And Others

2020-02-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 40-51

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 WRIT PETITION NO.2166 OF 2020 KRISHNA DATTA IRMALE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS AND 51 WRIT PETITION NO.2180 OF 2020 ANANT NAMDEV MANTRE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Sunil M. Vibhute, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 04th FEBRUARY, 2020.

PER COURT:- 1.

The learned A.G.P. accepts notice for all respondents.

2.

It is submitted that validation proceeding in respect of the tribe claim of petitioners is pending with the scrutiny committee, the same is not decided.

3.

Without issuing notices to petitioners, the respondents have placed petitioners on the supernumerary posts.

(2) 40-51 4.

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

5.

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

6.

The committee shall decide the validation proceedings expeditiously and preferably within a period of six months.

7.

The petitioners shall appear before the committee on 14.02.2020.

8.

Writ Petitions are disposed of accordingly. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2020