Manoj Suresh Thakur v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11857 OF 2014 MANOJ SURESH THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.Sk.Ahmed h/f Mr.Golegaonkar Anil S. AGP for Respondents: Mr.K.G.Patil Adv.Mr.Tele Ashok B. For R/2 ...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 3rd February, 2015.

P.C. :

The learned counsel for petitioner states that though this Court had directed the Committee to decide the validation proceedings, the same are not yet decided and employer is threatening to take action for not submitting the validity certificate. 2] Mr.Tele, learned counsel submits that the vigilance is conducted and the report is also submitted. The reply by the petitioner is also filed before the committee and the committee would decide the said proceedings, if not decided, expeditiously. Learned AGP submits that as the petitioner is appointed from the reserved category and validation is not yet submitted, the employer has every right to take action.

3] This Court vide order dated 17/1/2014 in Writ Petition No.2871/14 directed the committee to decide the proceedings

{2} wp11857-14.odt preferably within 6 months from the date of the order. It appears that there is some delay caused, however, these proceedings are also coming to the fag end. Considering above, we pass following order :

a] The Scrutiny Committee shall decide the validation proceedings in respect of tribe claim of the petitioner expeditiously if not already decided preferably within two months from today. Till the validation proceedings are decided, respondent employer shall not take adverse action against the petitioner only on the ground that the validation proceedings are pending. Ofcourse, employer shall take action in tune with the judgment of the committee in validation proceedings. Petitioner shall appear before the committee on 16/2/2015.

4] Writ Petition is accordingly disposed of. No costs. Authenticate copy is allowed.

V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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