Dashrath Shridhar Shinde v. The State Of Maharashtra And Others

(919) WP-2988-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.2988 OF 2020 Dashrath s/o Shridhar Shinde .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr M.A. Golegaonkar, Advocate for petitioners Mrs P.V. Diggikar, A.G.P. for respondent-State - AND - WRIT PETITION NO.3011 OF 2020 Suman Kashiram Shahapurwad .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr M.A. Golegaonkar, Advocate for petitioners Mr P.S. Patil, Addl.G.P. for respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 20th February 2020 ORAL ORDER :

1.

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

2.

Without issuing notices to the petitioners, the respondents have placed the petitioners on supernumerary posts. The proposals have been submitted for the validation to the Committee, well within the time as contemplated under the Circular dated 30.7.2013. 3.

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

(919) WP-2988-2020 4.

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 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 validition proceedings expeditiously and preferably within a period of six months. 6.

The petitioners shall appear before the Committee on 5.3.2020. 7.

Writ Petitions accordingly disposed of ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr