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Bombay High CourtWP/6280/2021disposed off

Sunil Bhaskar Sapkale v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary And Another

2021-04-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

W.P.6280-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 6280 OF 2021 Sunil Bhaskar Sapkale ..

Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, through its Member Secretary and anr.

..

Respondents Mr S.S. Phatale, Advocate for petitioner Mr S.B. Yawalkar, Addl.G.P. for respondent no.1 AND WRIT PETITION NO. 6296 OF 2021 Alka w/o Yashwant Suryawanshi @ Alka d/o Bhaskar Koli ..

Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, through its Member Secretary and anr.

..

Respondents Mr S.S. Phatale, Advocate for petitioner Mr S.P. Tiwari, A.G.P. for respondent no.1 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30th April 2021 PER COURT :

1.

It is submitted that validation proceedings in respect of tribe claims of the petitioners are pending with the Committee. The employer has issued notice directing the petitioners to submit validity certificates or else further action would be taken.

2.

Learned A.G.P., on instructions, submits that the validation proceedings in respect of tribe claims of the petitioners are still pending. Some members have tested COVID-19 positive and submits that some time would be required.

W.P.6280-2021 3.

The petitioners shall appear before respondent no.1 - Committee on 16th June 2021. The Committee shall thereafter endeavour to decide the validation proceedings of tribe claims of the petitioners expeditiously and preferably within six months.

4.

Till the Committee decides the proceedings, respondent no.2 - employer shall not take adverse action against the petitioners only on the ground that the validation proceedings are pending. 5.

The respondent no.2 may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings. Writ Petition disposed of. No costs. ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr