Ghansham Vithal Thakur v. The State Of Mah And ORS

1 wp 9950.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9950 OF 2012 Gansham Vithal Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Kalyan Patil, Advocate h/f Shri S. R. Barlinge, Advocate for the Petitioner.

Smt. S. A. Dhumal, A.G.P. for the Respondent No. 1. Shri Ashok B. Tele, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND V. L ACHLIYA, JJ.

DATE : O3RD MARCH, 2015.

PER COURT :

.

Mr. Barlinge, the learned counsel for the petitioner submits that, the tribe claim of the petitioner is pending consideration with the committee. The same is not yet decided, though the proposal is submitted in the year 2012. Show cause notice is issued by the respondent No. 3 to produce the validity certificate. 2.

Mr. Tele, the learned counsel for the Committee states that, it would take some time for deciding the validation proceedings.

2 wp 9950.12 3.

To get the proceedings decided within a stipulated time is not in the hands of a litigant. Considering the above, we pass the following order.

4.

The respondent No. 2/Committee shall decide the validation proceedings in respect of tribe claim of the petitioner expeditiously and preferably within a period of one (1) year from today. The petitioner shall co-operate in expeditious disposal of the said proceedings.

5.

The employer shall not take any adverse action against the petitioner only on the ground that validation proceedings are pending. The employer can proceed further in tune with the judgment of the respondent No. 2/Committee. The writ petition is disposed of. No costs.

[ V. L ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 15