Usha Vishnu Suryawanshi v. The State Of Maharashtra And Others

(WP-4001-2020)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.4001 OF 2020 Usha d/o Vishnu Suryawanshi .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr S.R. Barlinge, Advocate for petitioner Mr D.R. Kale, G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 16th March 2020 ORAL ORDER :

1.

The validation proceeding in respect of tribe claim of the petitioner is pending. The employer has issued notice to the petitioner directing to produce the validity certificate or else the services would be terminated. 2.

Learned A.G.P. accepts notice for all respondents. 3.

Respondent no.3 Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously, preferably within six months from the date of appearance of the petitioner. 4.

The petitioner shall appear before the Committee on 26.3.2020. 5.

The impugned order is quashed and set aside. The employer shall not take adverse action against the petitioner only on the ground that the validation proceeding in respect of the tribe claim of the petitioner is pending. The respondents may take further action against the petitioner depending upon the judgment that would be delivered by the Committee in the validation proceeding. 6.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr