Pushpalata Dattatray Dandewad v. The State Of Maharashtra And Others

1 13667.2019WP..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

30 WRIT PETITION NO.13667 OF 2019 PUSHPALATA DATTATRAY DANDEWAD ... Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .. Respondents ...

Advocate for Petitioner : Shri Sunil M. Vibhute AGP for Respondents - State : Ms P.V. Diggikar ...

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

DATE : NOVEMBER 13, 2019 PER COURT : - 1.

The learned counsel for the petitioner submits that, after correction of the spelling in the caste certificate the validation proceeding is pending with the Scrutiny committee since 28.09.2017. The learned counsel submits that, the respondent - employer has issued notice to the petitioner to submit validity or else his services would stand terminated.

2.

The learned AGP appears for all respondents.

3.

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

4.

Considering the above, we pass the following order.

ORDER

(i) The Committee shall decide the validation proceedings in ggp

2 13667.2019WP..doc respect of the caste claim of the petitioner expeditiously, preferably within six months from the date of appearance of the petitioner. (ii) The petitioner shall appear before the Scrutiny Committee on 09.12.2019. The impugned notice is quashed and set aside. The respondent employer shall not take the adverse action against the petitioner only on the ground that the validation proceeding is pending (iii) The employer may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings.

(iv) Writ Petition is disposed of. No costs.

( AVINASH G. GHAROTE, J. ) ( S V GANGAPURWALA, J. ) ...

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