Bebi Dattatraya Shirgurwar v. The State Of Maharashtra And Others

3325.14wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3325 OF 2014 BEBI DATTATRAYA SHIRGURWAR ... PETITIONER.

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS.

... RESPONDENTS.

...

Advocate for Petitioner : Mr.Vibhute Sunil M. AGP for Respondents/State: Mr.D.V. Tele.

Advocate for Respondents : Mr.Bhange D.B. for R/4, Mr.Deshmukh Sachin S. for R/2 and 3, Mr.Mane V.M. for R/4.

...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: MARCH 26, 2015 PER COURT:

Heard.

Rule, returnable forthwith. By consent of the parties, taken up for final hearing.

Learned Counsel for respective respondents waive service of Rule.

The learned Counsel appearing for the petitioner submits that the tribe claim of the petitioner is pending before the respondent / committee. The Respondent No.2 - management has issued notice to the petitioner stating therein that the services of the petitioner would be

3325.14wp terminated in case tribe validity certificate is not submitted within a stipulated period. The learned Counsel for the petitioner submits that the petition can be disposed of by directing the committee to decide the tribe claim of the petitioner within a stipulated period and protecting the service of petitioner till then. The learned Counsel for the respondent No.4 has ascertained that the tribe claim of the petitioner is pending before the committee.

We direct the respondent No.4 committee to decide the tribe claim of the petitioner, as expeditiously as possible and preferably within a period of eight months from today. The petitioner to cooperate with the committee in deciding the tribe claim. Till the tribe claim of the petitioner is decided, no adverse action should be taken against the petitioner on the ground of non submission of tribe validity certificate.

Interim protection granted to the petitioner is subject to the outcome of the proceedings pending before the respondent No.4 committee. Rule made absolute in the above terms. Petition stands disposed of.

(P.R. BORA,, J) (S.S. SHINDE, J) kadam/