Dhirajsingh Bhagwansinh Thakur v. The Union Of India And ORS

W.P.14411/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.14411 OF 2018 Dhirajsinh Bhagwansinh Thakur ..Petitioner

Versus

The Union of India and anr.

..Respondents Mr S.M. Vibhute, Advocate for petitioner Mr D.G. Nagode, Advocate for respondents no.1 and 2 Mrs P.V.Diggikar A.G.P. for respondent no.3 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ DATE : 9th January, 2019 PER COURT 1.

The learned Counsel for petitioner submits that tribe claim of the petitioner is pending consideration with the Committee. The employer has directed the petitioner to submit the validity certificate or else further action would be taken.

2.

Heard learned Counsel for respondents and 1 and 2 and A.G.P. for respondent no.3.

3.

Considering the fact that the validation proceeding is pending before the Committee we pass the following order. 4.

Respondent no.3 Committee shall decide the tribe claim of the petitioner expeditiously, preferably within six months from today. 5.

The petitioner shall appear before the Committee on 24.1.2019. 6.

Till the validity proceeding is decided, respondents no.1 and 2 shall not take any coercive action against the petitioner only on the ground that the validity proceedings are pending.

W.P.14411/2018 6.

The respondents no.1 and 2 can take appropriate action against the petitioner depending upon the judgment delivered by the Committee in validation proceedings.

5.

Writ Petition is disposed of. No costs.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr