Ashok Uttam Suryawanshi (Thakur) v. The State Of Maharashtra And Others

WP7293-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7293 OF 2020 Ashok Uttam Suryawanshi (Thakur) ...

Petitioner

Versus

The State of Maharashtra and others ...

Respondents Mr. M. G. Golegaonkar, Advocate for the petitioner Mr S. R. Yadav Lonikar, A.G.P. for respondents State

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 23rd October, 2020 ORDER:

1.

Heard. Issue notice to the respondents. Learned A.G.P. waives notice for all the respondents.

2.

In the morning session, we asked the learned A.G.P. to take instructions with regard to the status of the validation proceeding. The learned A.G.P., on instructions, submits that the validation proceeding in respect of tribe claim of the petitioner is pending with respondent no.2 since 2005.

3.

The validation proceeding is pending since the year 2005 and the respondents have issued impugned communication thereby intimating the petitioner to bring validity certificate or else, the petitioner would be responsible.

4.

It is for the committee to decide the validation proceeding. The respondents shall not take any action against the petitioner pursuant to the impugned communication dated 01.10.2020.

WP7293-20 5.

The petitioner shall appear before the Scrutiny Committee on 03.11.2020. The Scrutiny Committee shall thereafter decide the proceeding within three months.

6.

The respondents shall process the proposal of the petitioner for provisional pension till the validation proceedings are decided. After the validation proceedings are decided, the employer may take further course of action depending upon the judgment that would be delivered by the Scrutiny Committee.

7.

Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC