Bombay High CourtWP/6947/2016dispossed offdismiss for default

Swami S/O Narayan Bandela v. Zilla Parishad, Gadchiroli, Through Chief Executive Officer And Others

2016-12-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

20.12.wp.6947.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6947 /2016 (Swami s/o Narayan Bandela vs. Zilla Parishad, Gadchiroli and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. N.C.Phadnis, Advocate for the petitioner Mr.A.S.Fulzele, Additional Govt.Pleader for Respondent nos.2 and 3 Mr. Paunikar, Advocate for Respondent No.1 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 20th December, 2016.

Heard.

By this Writ Petition, the petitioner seeks a direction against the Scrutiny Committee, for deciding the caste claim of the petitioner within a time-frame. The petitioner seeks a direction restraining the respondent no.1-Zilla Parishad from terminating the services of the petitioner, till his caste claim is decided.

Shri A.S. Fulzele, the learned Additional Government Pleader appearing for the Scrutiny Committee states on instructions, that the caste claim of the petitioner is pending and the same would be decided as early as possible. Since the caste claim of the petitioner is pending before the Scrutiny Committee for verification, the petitioner cannot be blamed for not producing the caste validity certificate. We therefore restrain the respondent no.1 from terminating the services of the petitioner, till his caste claim is decided. The

20.12.wp.6947.16 respondent no.3-Scrutiny Committee is directed to decide the caste claim of the petitioner within one year from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 16.1.2017, so that issuance of notice to the petitioner could be dispensed with.

Order accordingly. No costs.

JUDGE JUDGE sahare