Bhimashankar Shivaji Rudrawad v. The State Of Maharashtra And Others

1 wp 10935.18+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10935 OF 2018 Sangam Kondiba Kunjetwad .. Petitioner

Versus

State of Maharashtra and others .. Respondents Mr. S. S. Phatale, Advocte for the Petitioner. Mr. P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 3.

WITH WRIT PETITION NO. 10936 OF 2018 Bhimashankar Shivaji Rudrawad .. Petitioner

Versus

State of Maharashtra and others .. Respondents Mr. S. S. Phatale, Advocte for the Petitioner. Mr. P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 3.

CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th JANUARY, 2019 PER COURT :

1.

The validation proceedings in respect of the tribe claims of the petitioners are pending with the committee. The petitioners are apprehending

2 wp 10935.18+ action for non submission of validity certificates.

2.

The learned Additional Government Pleader submits that in Writ Petition No. 10935 of 2018, the proceeding is pending at the stage of vigilance. In Writ Petition No. 10936 of 2018 the proceeding is pending since the year - 2013.

3.

Considering the above, we pass following order.

4.

The respondent - scrutiny committee shall decide the validation proceedings in respect of the tribe claims of the petitioners expeditiously and preferably within a period of four (4) months from the date of their appearance. The petitioners shall appear before the respondent - scrutiny committee on 21.01.2019. Till the validation proceedings are decided, the respondent - employer shall not take coercive action against the petitioners only on the ground that validation proceedings are pending.

The respondent -

3 wp 10935.18+ employer can take further course of action depending upon the judgment that will be delivered by the respondent - scrutiny committee in the validation proceedings.

5.

The writ petitions accordingly stand disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe