Pandurang Babanrao Raut v. The State Of Maharashtra And Others

1 31-wp 6442-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6442 OF 2020 Pandurang Babanrao Raut .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. O. B. Boinwad, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondents/State. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 21st SEPTEMBER, 2020.

PER COURT:- .

The learned counsel for the petitioner submits that the validation proceeding in respect of the tribe claim of the petitioner is pending with respondent No. 4. The employer has issued notice directing the petitioner to produce the same else services of the petitioner would not be continued.

2.

We have also heard the learned Assistant Government Pleader for respondents.

3.

To get the validation proceeding decided within the stipulated period is not in the hands of the litigant.

4.

In the light of that, we pass the following order.

2 31-wp 6442-2020.odt 5.

The respondent No. 4 / committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of nine (09) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 30.09.2020.

6.

The impugned order is set aside. The respondents shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

7.

The respondents may take further course of action against the petitioner depending upon the judgment that would be delivered by the scrutiny committee in the validation proceeding. Writ petition accordingly is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.