Shivrudra Sharnappa Badnale v. The State Of Maharashtra And Others

1 wp 11022.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11022 OF 2017 Shivrudra Sharnappa Badnale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri V. G. Kodale h/f Shri V. D. Gunale, Advocate for the Petitioner.

Shri P. S. Patil, Addl. G. P. for Respondent Nos. 1 to 3. Shri A. D. Aghav, Advocate for Respondent No. 4. Shri S. M. Vibhute, Advocate for Respondent No. 5. CORAM : S. V. GANGAPURWALA & S. M. GAVHANE, JJ.

DATE : 24 th November, 2017 PER COURT :

1.

Learned counsel for the petitioner submits that the validation proceeding in respect of the caste claim of the petitioner is pending with respondent No. 3 - committee since 1st July, 2015. Respondent No. 5 has issued a notice stating that, if the validity is not submitted within one month then further action would be taken. As the validation proceeding is still pending, we pass the following order:

2 wp 11022.17

ORDER

I] Respondent No. 3 - committee shall decide the validation proceeding in respect of the caste claim of the petitioner expeditiously and preferably within nine (9) months.

II] The petitioner shall co-operate in expeditious disposal of the said proceeding.

III] The petitioner shall appear before the committee on 11th December, 2017.

IV] The impugned notice is quashed and set aside. V] The respondent - employer shall not take coercive action against the petitioner only on the ground that validation proceeding is pending.

VI] The employer can take further course of action depending upon the judgment that will be delivered by the committee in the validation proceeding.

2.

The writ petition is accordingly disposed of. No costs. [S. M. GAVHANE, J. ] [S. V. GANGAPURWALA, J. ] marathe/Nov.17