Bombay High CourtWP/5758/2020disposed offdismissed for default

Chandrakant Shivaji Rejitwad v. The State Of Maharashtra And Others

2020-08-13Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat3 pages

3-WPst.13328 of 2020 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION [STAMP] NO.13328 OF 2020 Chandrakant s/o. Shivaji Rejitwad ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents AND WRIT PETITION [STAMP] NO.13335 OF 2020 Kashinath s/o. Anna Thakur ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents AND WRIT PETITION [STAMP] NO.13341 OF 2020 Uddhav s/o. Manikrao Pitale ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents AND WRIT PETITION [STAMP] NO.13343 OF 2020 Sahadev s/o. Ramkishan Puttewad ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents AND WRIT PETITION [STAMP] NO.13344 OF 2020 Sailu s/o. Gangaram Machinwar ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.S.M.Vibhute, Advocate for petitioners Mr.K.S.Patil, AGP for respondents

3-WPst.13328 of 2020 and ors CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : AUGUST 13, 2020 PER COURT :- Learned AGP accepts notice for all the respondents.

2.

It is submitted that validation proceedings in respect of the tribe claim of the petitioners are pending with the scrutiny committee, the same are not decided.

3.

Without issuing notice to the petitioners, the respondents have placed the petitioners on the supernumerary posts.

4.

As the impugned orders are without notice to the petitioners, we quash and set aside the impugned orders.

5.

In case the respondents want to take action against the petitioners placing the petitioners on supernumerary posts or otherwise, then notice shall

3-WPst.13328 of 2020 and ors be issued to the petitioners to show cause. In that event, the petitioners can file reply and bring all the relevant facts to the notice of the respondent - Committee.

6.

The Committee shall decide the validation proceedings expeditiously and preferably, within a period of six (06) months.

7.

The petitioners shall appear before the Committee on 10.09.2020, if the circumstances so permit.

8.

Writ Petitions are disposed of. No costs.

[R.G. AVACHAT, J.] [S.V. GANGAPURWALA , J.] kbp