Pawankumr Narayan Jangilwar v. The State Of Maharashtra And Others

973-WP-12004-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12004 OF 2021 PAWANKUMR NARAYAN JANGILWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. G. K. Chinchole h/f. Mr. Sunil M. Vibhute AGP for Respondents : Mr. S. P. Tiwari ...

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

DATE : 27th OCTOBER, 2021 PER COURT :- The learned counsel for the petitioner submits that, in the present matter validation proceedings is pending. The employer has issued show cause notice to the petitioner to produce validity certificate, else adverse action would be taken and petitioner would be placed on supernumerary posts.

2.

The learned Assistant Government Pleader accepts notice for respondents/State.

3.

Considering the fact that, the validation proceedings are pending with the Committee, we pass following order :-

973-WP-12004-21.odt O R D E R The petitioner shall appear before the Committee on 9th December, 2021. The respondent-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 petitioner. The petitioner shall co-operate in expeditious disposal of the proceedings. The impugned order is quashed and set aside. The employer may not take adverse action against the petitioner only on the ground that the validation proceedings is pending. Of course, the employer may take further course of action depending upon the judgment that may be delivered in the validation proceedings.

4.

In light of the above, the writ petition is disposed of. No costs. ( R. N. LADDHA ) ( S.V. GANGAPURWALA ) JUDGE JUDGE mtk