Govind Rajaram Totewad v. The State Of Maharashtra And Others

1 37-WP-4554-2021 & Anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4554 OF 2021 Smt. Mrunali Chandrabhan Devare

...Petitioner

Versus

The State of Maharashtra and others

...Respondents

Mr M.A. Golegaonkar, Advocate for Petitioner Mrs V.N. Patil-Jadhav, AGP for Respondents-State AND WRIT PETITION NO. 4555 OF 2021 Govind s/o Rajaram Totewad

...Petitioner

Versus

The State of Maharashtra and others

...Respondents

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

DATE : 15th MARCH, 2021 PER COURT :

1.

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

2.

Without issuing notice to petitioners, the respondents have placed petitioners on the supernumerary posts. The proposals have been submitted for the validation to the Committee in the year 2008 and 2020 respectively.

2 37-WP-4554-2021 & Anr. 3.

As the impugned action is without notice to petitioners, we quash and set aside the impugned action.

4.

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

5.

The Committee shall decide the validation proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioners.

6.

The petitioners shall appear before the Committee on 30.04.2021.

7.

The Writ Petitions are accordingly disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta