Ishwar Padamsing Thakur v. The State Of Maharashtra And Others

1 912-WP13960-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13960 OF 2019 Ishwar Padamsing Thakur .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Mr. Sushant C. Yeramwar, Advocate for Petitioner. Mrs. A. V. Gondhalekar, Addl. G. P. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 20th NOVEMBER, 2019.

PER COURT:- 1.

The learned counsel for the petitioner submits that the validation proceeding is pending since 2010.

2.

In case, the validation proceeding in respect of the tribe claim of the petitioner is pending with respondent No. 2, then respondent No. 2 shall decide the same on its own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 13.12.2019.

3.

Till the validation proceeding is decided, the employer shall not

2 912-WP13960-19.odt take adverse action against the petitioner only on the ground that his validation proceeding is pending. Of course, the employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding. 4.

Writ petition is disposed of. No costs.

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