Shankar Ramdas Thakur v. The State Of Maharashtra And Others

1 27-WP13252-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13252 OF 2019 Shankar Ramdas Thakur .. Petitioner

Versus

The State of Mahrashtra and Others .. Respondents Mr. M. A. Golegaonkar and A. S. Golegaonkar, Advocates for Petitioner. Mrs. G. L. Deshpande, AGP for Respondents-State. CORAM :

S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 04th NOVEMBER, 2019.

PER COURT:- 1.

Mr. Golegaonkar, learned counsel for the petitioner submits that the validation proceeding in respect of the tribe claim of the petitioner is pending since the year 2011 and employer issued notice directing the petitioner to produce validity certificate within a period of one month else disciplinary action would be taken against the petitioner. 2.

The learned AGP upon instructions of the committee submits that the validation proceeding shall be decided within three (03) months. 3.

In the light of the above, we pass the following order. 4.

The respondent No. 2 / committee shall decide the validation proceeding within a period of three (03) months from the date of appearance

2 27-WP13252-19.odt of the petitioner. The petitioner shall appear before the committee on 18.11.2019.

5.

The impugned communication dated 09.10.2019 is quashed and set aside. The respondent No. 3 / employer shall not take adverse action against the petitioner only on the ground that his validation proceeding is pending. 6.

The respondents may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

7.

Writ petition is disposed of. No costs.

8.

Authenticated copy be given.

( AVINASH G. GHAROTE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.