Kartarsing Kashiram Sable v. The State Of Maharashtra And Others

1 92-wp 5410-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5410 OF 2020 Kartarsing Kashiram Sable .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Anandsingh Bayas, Advocate for the Petitioner. Mr. A. B. Chate, AGP for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 07th SEPTEMBER, 2020.

PER COURT:- .

The learned counsel for the petitioner submits that the respondent No. 4 is served. Service affidavit is filed. 2.

The learned counsel for the petitioner submits that the validation proceeding is pending with the committee. The employer has issued notice directing petitioner to submit the validity certificate or else the services of the petitioner would be terminated. 3.

Considering the fact that the validation proceeding is pending, we pass the following order.

4.

The respondent No. 2 / committee shall decide the validation

2 92-wp 5410-2020.odt proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 06.10.2020.

5.

The impugned order is quashed and set aside.

6.

The employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. The employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

7.

Writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.