Shaikh Madar Shaikh Sarwar v. State Of Maharashtra And Others

1 wp 4271.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4271 OF 2015 Shaikh Madar Shaikh Sarwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Swapnil S. Rathi, Advocate for the Petitioner. Smt. Y. M. Kshirsagar, A.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.

DATE : 16TH APRIL, 2015.

PER COURT :

.

Mr. Rathi, the learned counsel submits that, the caste claim of the petitioner as belonging to Beldar caste (N.T.) is pending consideration with the Committee. The same is not decided. The respondent/employer is asking the petitioner to get the validation proceedings decided, else his services would be terminated.

2.

We have heard the learned Assistant Government Pleader also.

3.

The respondent No. 2/Committee shall decide the caste claim of the petitioner as belonging to Beldar caste (N.T.)

2 wp 4271.15 expeditiously and preferably within a period of nine (9) month from today. The petitioner shall co-operate with the committee for expeditious disposal of the validation proceedings. 4.

Till the disposal of caste claim of the petitioner, the respondent No. 3/employer shall not take any adverse action against the petitioner only on the ground that his validation proceedings are pending. Of course, the respondent No. 3 is entitled to proceed further in case the caste claim of the petitioner is invalidated. The writ petition is disposed of. No costs.

[ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/April 15