Ambadas Rajaram Waghmare v. The State Of Maharashtra And Others

1 95-wp 7489-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7489 OF 2020 Ambadas Rajaram Waghmare .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Madhur A. Golegaonkar, Advocate for the Petitioner. Mrs. V. N. Patil-Jadhav, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 02nd NOVEMBER, 2020.

PER COURT:- .

We have heard the learned A.G.P. for respondents. 2.

The learned counsel for the petitioner submits that the validation proceeding is pending with the scrutiny committee. The employer has issued notice to the petitioner to submit the validity certificate or else adverse action would be taken.

3.

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

4.

The petition shall appear before the scrutiny committee on 03.12.2020. The committee shall decide the validation proceeding in

2 95-wp 7489-2020.odt 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 co-operate in expeditious disposal of the proceeding.

5.

The impugned notice is quashed and set aside. 6.

The employer may not take adverse action against the petitioner only on the ground that validation proceeding is pending. The employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

7.

Writ petition is disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.