Pandurang Raghunath Kajjewad v. The State Of Maharashtra And Others

1 wp7099.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7099 OF 2015 Pandurang Raghunath Kajjewad .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Shri B. B. Yenge, Advocate for the Petitioner. Shri S. S. Tope, A. G. P. for Respondent Nos. 1 and 3. Shri K. D. Bade Patil, Advocate for the Respondent No. 2. Shri V. G. Sakolkar, Advocate for the Respondent No. 4. CORAM :

S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE :

22ND JULY, 2015.

PER COURT :

1.

Mr. Yenge, the learned counsel submits that, the validation proceedings in respect of the Tribe Claim of the petitioner is pending with the Respondent No. 2 / Committee since October, 2011, however, as yet it is not decided and the employer is insisting for the validity certificate or else adverse action would be taken.

2 wp7099.15 2.

Mr. Sakolkar, the learned counsel submits that, in fact the application is filed before one year. The petitioner has not submitted any validity, as such cannot claim any right. 3.

Mr. Bade Patil, the learned counsel submits that, because of the huge pendency of matters the proceedings could not be decided.

4.

To get the proceedings decided within a stipulated period is beyond the reach of a litigant. Considering the above, we pass the following order -

ORDER

I] The Committee shall decide the validation proceedings in respect of the Tribe Claim of the petitioner expeditiously and preferably within six

(6) months from today. The petitioner shall cooperate in expeditious disposal of the said proceedings.

II].

The petitioner shall appear before the Committee on 05 th August, 2015.

III].

The Respondent / Employer shall not take adverse action against the petitioner only on the

3 wp7099.15 ground that, validity certificate is not submitted. No doubt pursuant to the decision of the Committee, the parties are at liberty to take further course of action in tune with the judgment of the committee.

IV].

It is clarified that, Respondent / Employer is refrained from taking any adverse action only on the ground of pendency of validation proceedings and not in respect of any other ground.

5.

Writ petition is disposed of. No costs.

[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] sam/July. 15