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Bombay High CourtWP/10987/2017admittedallowedgrantedrule absolute

Santoshkumar Rameshrao Mhaisewad v. The State Of Maharashtra And Others

2017-09-11Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil4 pages

1 W.P.No.10987/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.10987 OF 2017 Santoshkumar S/o Rameshrao Mhaisewad.

... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.S.M.Vibhute, advocate for the petitioner.

Mr.S.B.Pulkundwar, A.G.P. for the State.

...

CORAM : S.V.GANGAPURWALA AND MANGESH S. PATIL,JJ.

Date : 11.09.2017.

PER COURT :

1.

Issue notice to the Respondents.

2.

Learned A.G.P. waives service of notice for all Respondents.

3.

It is submitted that validation proceedings in respect of the tribe claim of the

2 W.P.No.10987/17 petitioner is pending since August 2017. The same is not yet decided and notice is issued by the employer to submit it or else action would be taken.

4.

To get the proceedings decided within the stipulated period is not in the hands of the litigant.

5.

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 appear before the Committee on 27.9.2017. 6.

Till the decision of the Committee in the validation proceedings, the Respondent employer shall not take adverse action against the petitioner only on the ground that the validation proceedings are pending.

7.

The impugned notice also shall not be acted upon till the validation proceedings are decided.

3 W.P.No.10987/17 8.

The Writ Petition is accordingly allowed. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) asp/office/wp10987.17

4 W.P.No.10987/17