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Bombay High CourtWP/6416/2017disposed offdismissed for default

Prabhakar Shripati Kawale v. The State Of Maharashtra And Others

2017-05-04Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6168 OF 2017 Shamal Navnath Sodale Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee Aurangabad and others Respondents WITH WRIT PETITION NO.6344 OF 2017 Shamala Laxman Itewad Petitioner

Versus

The State of Maharashtra and others Respondents WITH WRIT PETITION NO.6416 OF 2017 Prabhakar D/o Shripati Kawale Petitioner

Versus

The State of Maharashtra and others Respondents Mr.S.S. Phatale & Mr. V.U. Jadhav advocates for the petitioners Mrs. M.A.Deshpande & Mr. V.M. Kagne, AGPs for Respondents _______________ CORAM : R.M. BORDE & K.L. WADANE, JJ (Date : 4th MAY, 2017.) PER COURT :- The petitioners belong to reserved category and have been appointed in Zilla Parishad as against vacancies prescribed for the respective reserved categories. Caste/Tribe certification validation

{2} proposals of each of the petitioners are pending with the scrutiny committee and no decision has been arrived at as yet. In the mean while, the Zilla Parishad has issued directions to the petitioners to submit their validation certificates within specified time and it has been further informed that in the event of failure, appropriate action would be taken against the petitioners. The petitioners also contend that the monthly salary receivable by them has not been paid to them by the employer since February, 2017.

In the facts and circumstances of the case, these petitions can be disposed of by issuing directions to the concerned scrutiny committee to take decision in respect of Caste/Tribe Certificate Validation Proposals of each of the petitioner, on merits, as expeditiously as possible, preferably within a period of eight months from today.

It is directed that the employer/Zilla Parishad shall release the monthly salary payable to the petitioners from February, 2017 and shall continue to pay the monthly salary to each of the petitioner and shall not take any adverse action against them until disposal of the Caste/Tribe Certificate Validation proposals of each of the petitioners pending with the Scrutiny Committee.

{3} It would be open for the Zilla Parishad to take appropriate steps in accordance with law, depending upon the decision by the Scrutiny Committee in respect of Caste/Tribe certificate validation proposals.

With the above directions, the Writ Petitions are disposed of. There shall be no order as to costs.

(K.L. WADANE, J) (R.M. BORDE, J) vbd