Namdev Sopan Arsale v. The State Of Maharashtra And Others

1 wp 9184.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9184 OF 2021 Namdev Sopan Arsale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 9223 OF 2021 Gopinath Dattatray Sukre .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner in both matters.

Shri S. W. Mundhe, A.G.P. for Respondent Nos. 1 to 4 in both matters.

CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

23RD AUGUST, 2021.

FINAL ORDER :

.

The learned counsel for the petitioners submits that, in both these matters validation proceedings are pending. The employer has issued show cause notices to the petitioners to produce validity certificates, else adverse action would be taken and petitioners would be placed on supernumerary posts. 2.

The learned Assistant Government Pleaders accept notice for respondents/State in both writ petitions.

2 wp 9184.21 3.

It is submitted that, in Writ Petition No. 9184 of 2021, the validation proceeding is pending since the year 2013 and in Writ Petition No. 9223 of 2021 same is pending since 16.01.2020 with the Committee.

4.

Considering the fact that, the validation proceedings are pending with the Committee, we pass following order. 5.

The petitioners shall appear before the Committee on 14th September, 2021. The Committee shall endeavour to decide the validation proceedings on its own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioners. The petitioners shall co-operate in expeditious disposal of the proceedings. The impugned orders are quashed and set aside. The employer may not take adverse action against the petitioners only on the ground that validation proceedings are pending. Of course, the employer may take further course of action depending upon the judgment that may be delivered in the validation proceedings. 6.

In the light of the above, the writ petitions are disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Aug.21