Swapnil Krishna Gawali v. The State Of Maharashtra And Others

1 W.P.No.11039/17 UNREPORTED

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.11039 OF 2017.

Swapnil S/o Krishna Gawali, Age 22 years, Occ.Service, R/o Dhotra, Post Panwadod, Taluka Sillod, District Aurangabad, presently R/o Thane Municipal Corporation, Thane.

... Petitioner.

Versus

1. The State of Maharashtra through the Secretary Revenue and Forest Department, Mantralaya, Mumbai-32.

2. Caste Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Secretary.

3. The Thane Municipal Corporation, Thane.

... Respondents.

...

Mr.D.D.Choudhari, advocate for the Petitioner. Ms.R.P.Gour, A.G.P. for the State.

...

CORAM : S.V.GANGAPURWALA AND S.M.GAVHANE,JJ.

Date : 27.11.2017.

2 W.P.No.11039/17 ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing.

2.

The validation proceedings in respect of the tribe claim of the petitioner is pending since 2015. The learned A.G.P. on instructions states that the Committee would decide the validation proceedings within six (6) months. 3.

Considering above, we pass the following order :

a) The Respondent No.2 Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously, preferably within six (6) months. The petitioner shall cooperate in expeditious disposal of the said proceedings. The petitioner shall appear before the Committee on 7.12.2017.

b) The Respondent employer shall not take

3 W.P.No.11039/17 adverse action against the petitioner only on the ground that his validation proceedings are pending with Respondent No.2. The Respondent No.3 can take further course of action depending upon the judgment that may be delivered by the Committee in the validation proceedings.

c) Rule accordingly made absolute in above terms. No costs.

Sd/- Sd/- (S.M.GAVHANE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp11039.17

4 W.P.No.11039/17