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Bombay High CourtWP/1840/2019disposed offdismissed for default

Suresh Daga Thakur v. The State Of Maharashtra And Others

2019-06-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil4 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

(1) WRIT PETITION NO. 1835 OF 2019 Balkrishna s/o Vasudeo Thakur Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Sushant C. Yeramwar, advocate for the petitioner. Mr.V.M.Kagane, AGP for Respondents.

WITH

(2) WRIT PETITION NO. 1838 OF 2019 Bhushan s/o Vasantrao Sisodiya Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Sushant C. Yeramwar, advocate for the petitioner. Mr.V.M.Kagane, AGP for Respondents.

WITH

(3) WRIT PETITION NO. 1840 OF 2019 Suresh s/o Daga Thakur Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Sushant C. Yeramwar, advocate for the petitioner. Mr.V.M.Kagane, AGP for Respondents.

{2} WITH

(4) WRIT PETITION NO. 2601 OF 2019 Sunil s/o Navalsing Thakur Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Sushant C. Yeramwar, advocate for the petitioner. Mr.S.G.Karlekar, AGP for Respondents.

WITH

(5) WRIT PETITION NO. 2606 OF 2019 Jituraj s/o Suratsing Thakur Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Sushant C. Yeramwar, advocate for the petitioner. Mrs.M.A.Deshpande, AGP for Respondents.

CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 26th June, 2019 PER COURT:

Learned Counsel for the respective petitioners submits that the validation proceedings in respect of tribe claim of the petitioners are pending with the Scrutiny Committee, however, same have not been decided. The employer has issued notice directing the petitioners to submit validity certificate within one month or else services of the petitioners would be terminated.

{3} We have heard learned Counsel for the petitioners and learned AGPs appearing for Respondents.

To get the proceedings decided within a stipulated period is not in the hands of the applicants. It is also submitted by the learned Counsel for the petitioners that in some of the matters, petitioners were called for hearing, however, orders were not passed because of non availability of the quorum.

Considering the above, we pass the following order: (i) Respondent No.2-Committee shall decide the proceedings in respect of validation of tribe claims of the petitioners expeditiously, preferably within six months from the date of appearance of the respective petitioners before the Committee.

(ii) The petitioners shall appear before the RespondentCommittee on 11.07.2019. The petitioners shall co-operate the Committee for expeditious disposal of the proceedings. (iii) The impugned notice issued to the respective petitioners by the employer is quashed and set aside. (iv) Respondent-employer shall not take any adverse action against the respective petitioners only on the ground that validation proceedings are pending with the Committee.

{4} Writ Petitions are accordingly disposed of. No costs. MANGESH S. PATIL S.V.GANGAPURWALA JUDGE JUDGE adb/