Anita Haribhau Bayaskar (Sau. Anita Dashrath Lakhpure) v. The Vice Chairman / Member Secretary Scheduled Tribe Caste Certificate Scrutiny Committee And Oth

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8366 OF 2021 Anita D/o Haribhau Bayaskar (Sau. Anita w/o Dashrath Lakhpure), Aged about 51 yrs, Occ. Service, R/o Vyankatesh Colony Darshan Niwas, Risod, District : Washim.

... Petitioner

Versus

1.

The Vice-Chairman / Member-Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Chaprashipura, Amravati Division, Amravati, 2.

The Chief Executive Officer, Zilla Parishad, Washim.

3.

The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai - 32.

... Respondents ...

Advocate for Petitioner : Ms. P. D. Rane.

AGP for Respondent Nos.1 & 3-State : Mr. P. S. Patil. ...

CORAM : R. D. DHANUKA, AND S. G. MEHARE, JJ.

DATE : 26.04.2022 ORAL JUDGMENT (PER R. D. DHANUKA, J.) :-

1.

Rule. Learned AGP waives service of notice for respondent Nos.1 and 3-State. None appears for respondent No.2 though served pursuant to the notice for final disposal issued by order dated 30.07.2020. Rule is made returnable forthwith and heard finally by the consent of the parties. 2.

Learned counsel appearing for the petitioner and respondent-State Authorities jointly state that no reasons are required to be recorded by this Court in view of the fact that by earlier decisions of this Court, the impugned order placing the petitioner similarly situated under supernumerary posts during the pendency of validation proceedings are already quashed and set aside.

3.

Learned counsel appearing for the parties jointly state that similar order that was passed by this Court on 05.10.2021 in Writ Petition No.11074 of 2021 be passed in this petition. Statement is accepted.

4.

It is an admitted position that the caste claim of the petitioner is pending with the Scrutiny Committee for quite some time. The petitioner shall appear before the Caste Scrutiny Committee on 09.05.2022 at 11.00 a.m. and shall not

seek any unnecessary adjournment. The Committee shall dispose off the proceedings within a period of six (6) months from the date of communication of this order. The impugned order placing the petitioner under supernumerary posts during pendency of validation proceedings is quashed and set aside. The respondents may take further coercive action depending upon the judgment delivered by the Committee in the validation proceedings after expiry of four (4) weeks from the date of communication of the order, if the same is adverse against the petitioner.

5.

Writ Petition is allowed in the aforesaid terms. Rule is made absolute accordingly. No order as to costs. 6.

Parties to act upon the authenticated copy of the order. (S. G. MEHARE, J.) (R. D. DHANUKA, J.) ...

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