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Bombay High CourtWP/12400/2021disposed off

Sangita Kishanrao Anmulwad v. The State Of Maharashtra And Others

2021-11-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

(1) 23-wp-12400-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12400 OF 2021 SANGITA KISHANRAO ANMULWAD ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Madhur A. Golegaonkar, Advocate for the Petitioner.

Mr. A. R. Kale, AGP for Respondents-State.

...

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

DATED : 15th NOVEMBER, 2021.

PER COURT:- 1.

The learned counsel for the petitioner submits that, validation proceeding of the petitioner is pending since the year 2011. The same is not yet decided. The management has issued notice to the petitioner to produce the validity certificate or else petitioner's service will be terminated. The petitioner is also not paid salary since January 2021.

2.

The learned A.G.P. on instructions submits that, the validation proceeding of the petitioner is pending with the Committee and it is at the stage of vigilance.

3.

Unless the vigilance is conducted, the petitioner has no role to play in the validation

(2) 23-wp-12400-2021 proceeding. It is not in the hands of the petitioner to get the validation proceeding decided within the stipulated period. Of course, the petitioner has to co-operate in the expeditious disposal of the validation proceeding.

4.

The petitioner shall appear before the Scrutiny Committee, Aurangabad on 08.12.2021. The Committee shall thereafter decide the validation proceeding expeditiously and preferably within a period of six (06) months.

5.

The employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

6.

The employer shall not withhold the salary of the petitioner only on the ground that the validation proceeding is pending.

7.

Writ Petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/November-2021