Manohar Udesing Mahale v. The State Of Maharashtra Through Its Secretary And Others

1 968-wp 13757-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13757 OF 2021 Manohar Udesing Mahale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 09th DECEMBER, 2021.

PER COURT:- .

The learned counsel for the petitioner submits that the validation proceeding in respect of the tribe claim of the petitioner is pending since the year 2013. The vigilance was conducted. Say to the vigilance report was filed in the year 2015. The validation proceeding is not yet decided. The petitioner is not given the benefit of 7th pay commission only on the ground that validity certificate is not submitted. 2.

The learned Addl. G. P. accepts notice for all respondents. 3.

Considering the above, we pass the following order. 4.

In case, the validation proceeding in respect of the tribe claim of

2 968-wp 13757-2021.odt the petitioner is pending with respondent No. 2, then respondent No. 2 shall take decision upon it on its own merits, in accordance with law and policy, expeditiously and preferably within a period of three (03) months from the date of appearance of the petitioner. The petitioner shall appear before the scrutiny committee on 21.12.2021. 5.

Depending upon the judgment that would be delivered by the committee in the validation proceeding, the parties may take further steps.

6.

Writ petition is disposed of. No costs.

( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.