Subhash Vishwanath Mupade v. The State Of Maharashtra And Others

1 wp 3369.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3369 OF 2016 Subhash Vishwanath Mupade .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 21ST FEBRUARY, 2017.

PER COURT :

.

Mr. Vibhute, the learned counsel for the petitioner submits that, the validation proceedings in respect of his tribe claim is pending, however, the employer has issued notice to the petitioner to submit validity certificate or else the action would be taken.

2.

We have also heard the learned Additional Government Pleader for respondent Nos. 1 to 3.

3.

To get the validation proceedings decided within a stipulated period is not in the hands of a litigant.

2 wp 3369.16 4.

Considering the above, we pass the following order. 5.

The respondent No. 3 shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously and preferably within a period of eight (08) months from today. The petitioner shall co-operate in expeditious disposal of the validation proceedings. The employer shall not take any adverse action against petitioner only on the ground that validation proceedings are pending. Of course, the employer is at liberty to take further course of action pursuant to the judgment delivered by the Scrutiny Committee in validation proceedings. The writ petition is disposed of. No costs. [ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 17