Yogesh Tulshiram Tayade v. The State Of Maharashtra And Others

1 1126,1143-wp-6456,6474-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6456 OF 2019 Yogesh Tulshiram Tayade ... Petitioner

Versus

The State of Maharashtra and others ... Respondents WITH WRIT PETITION NO. 6474 OF 2019 Sunil Panjuram Dandge ... Petitioner

Versus

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

Mr. P. V. Jadhavar, Advocate for petitioner.

Mrs. M. A. Deshpande, AGP for the State in WP No.6456/2019. Mr. S. B. Yawalkar, AGP for the State in W.P.No.6474/2019. ....

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ DATED : 06 th JUNE, 2019.

PER COURT:- 1.

Mr. Jadhavar, learned Advocate for the petitioners submits that the validation proceedings in respect of tribe claim of the petitioners is pending with the respondent committee since May and June 2018.

2.

The employer has issued notice to the petitioners stating therein that to submit validity, otherwise adverse action as the services of the petitioners would be terminated.

2 1126,1143-wp-6456,6474-19.doc 3.

The learned AGPs submit that as the petitioners have not submitted the validity within three months, rightly the impugned notice is issued.

4.

Considering the above, we direct the committee to decide the tribe claim of the petitioners, expeditiously within a period of eight months from the date of appearance of the petitioners. The petitioners shall appear before the committee on 25th June, 2019. 5.

The impugned notice is quashed and set aside. 6.

The respondents shall not take any adverse action against the petitioners only on the ground that the tribe claim of the petitioners is pending.

7.

The writ petitions are disposed of. No costs. (MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE SMS