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Bombay High CourtWP/6365/2021disposed off

Anil Bhimrao Pawar v. The State Of Maharashtra And Others

2021-06-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice M. G. Sewlikar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6854 OF 2021 Kisanath Aanantrao Pawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Deepak D. Chaudhari, Advocate for the Petitioner. Shri K. B. Jadhavar, A.G.P. for Respondent No. 1 to 3. AND WRIT PETITION NO. 6365 OF 2021 Anil Bhimrao Pawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Deepak D. Chaudhari, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondent No. 1 to 3. AND WRIT PETITION NO. 6855 OF 2021 Jaykumar Kisannath Pawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Deepak D. Chaudhari, Advocate for the Petitioner. Shri S. P. Tiwari, A.G.P. for Respondent No. 1 to 3. AND WRIT PETITION NO. 6856 OF 2021 Anil Pandurang Nalawade .. Petitioner

Versus

The State of Maharashtra and others .. Respondents

2 wp 6854.21 Shri Deepak D. Chaudhari, Advocate for the Petitioner. Shri P. N. Kutti, A.G.P. for Respondent No. 1 to 3. CORAM :

S. V. GANGAPURWALA AND M. G. SEWLIKAR, JJ.

DATE :

23RD JUNE, 2021.

FINAL ORDER :

.

The learned Additional/Assistant Government Pleader accept notice for all the respondents in respective writ petitions. 2.

It is submitted that validation proceedings in respect of the tribe claims of the petitioners are pending. Under the impugned orders, the petitioners are placed on supernumerary post without issuing notices.

3.

As the impugned action is without notice to petitioners, we quash and set aside the impugned action.

4.

In case, respondents want to take action against petitioners of placing petitioners on supernumerary posts or otherwise, then notices shall be issued to petitioners giving opportunity to show cause. In that event, petitioners can file reply and bring all the relevant facts to the notice of the respondent-Committee.

5.

The Committee shall decide the validation proceedings on its own merits, expeditiously and preferably within a period of within six (06) months from the date of appearance of the

3 wp 6854.21 petitioners before the committee.

6.

The petitioners shall appear before the Committee on 08th July, 2021.

4.

The writ petitions are disposed of. No costs. [M. G. SEWLIKAR, J.] [S. V. GANGAPURWALA, J.] bsb/June 21