Laxman Gangadhar Yeotiwad v. The State Of Maharashtra And Others

1 50-wpst-12998-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12998 OF 2020 Laxman Gangadhar Yeotiwad ... Petitioner

Versus

The State of Maharashtra and others ... Respondents ....

Mr. S. M. Vibhute, Advocate for petitioner Mr. S. K. Tambe, AGP for respondent-State ....

CORAM :S. V. GANGAPURWALA AND R. G. AVACHAT, JJ.

DATED : 10th AUGUST, 2020 PER COURT :- .

Learned counsel for the petitioner submits that validation proceeding in respect of the tribe claim of the petitioner is pending with the respondent No.2 Committee. The employer has issued notice, asking the petitioner to submit validity certificate before 15th August, 2020, failing which, further action would be taken against the petitioner.

2.

The learned AGP accepts notice on behalf of all the respondents.

2 50-wpst-12998-2020.doc 3.

Considering the submissions of the learned counsel for the petitioner that the validation proceeding is pending, we pass the following order:

O R D E R

(i) The respondent No.2 - Committee shall decide the validation proceeding in respect of the petitioner expeditiously within nine months from the date of appearance of the petitioner.

(ii) The petitioner shall appear before the respondent No.2 - Committee on 25th August, 2020.

(iii)The impugned notice is quashed and set aside. (iv)The employer shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending.

(v) The employer may take further recourse of action depending upon the judgment that would be delivered in the validation proceeding.

4.

The writ petition is accordingly disposed of. No costs. [ R. G. AVACHAT, J. ] [ S. V. GANGAPURWALA, J. ] SMS