Bombay High Court
Vilas Vitthalrao Telang vs The Secretary Social Justice And ... on 8 March, 2016
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2613 OF 2016
Vilas s/o. Vitthalrao Telang,
Age 48 years, Occu. Service -
as Naib Tahsildar
R/o. Nathnagar, Degloor,
Tq. Degloor, District Nanded
...PETITIONER
VERSUS
1) The Secretary,
Social Justice and Tribal Development
Department, Mantralaya, Mumbai-32,
2) The Deputy Director (Research),
Cum Member Secretary,
Scheduled Tribe Certificate
Verification Committee,
Aurangabad Division, Aurangabad,
3) The Divisional Commissioner,
(Revenue), Aurangabad,
District-Aurangabad.
...RESPONDENTS
...
Mr. Vishwas B. Wagh Advocate for Petitioner.
Mr. V.H. Dighe, A.G.P. for Respondent Nos.
1, 2 and 3.
...
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CORAM: S.V. GANGAPURWALA AND
A.I.S. CHEEMA, JJ.
DATE : 8TH MARCH, 2016
ORAL JUDGMENT [PER S.V. GANGAPURWALA, J.] :
1. Rule. Rule made returnable forthwith.
With the consent of the parties, the Petition is
taken up for final hearing. Learned A.G.P. waives
notice of Rule for all the Respondents.
2. Mr. Wagh, learned counsel for the
Petitioner submits that the Petitioner is working
as Naib Tahsildar. According to the learned
counsel, validation proceeding in respect of tribe
claim of the Petitioner is pending with the
Scrutiny Committee since November 2013, however,
the same is not decided. The Maharashtra
Administrative Tribunal has directed the
Respondents to promote Petitioner in the cadre of
Naib Tahsildar on the basis of proceedings of
D.P.C. subject to production of Caste Validity
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Certificate by the Petitioner within a period of
six months. Six months are to lapse on 29th
March 2016. According to the learned counsel, the
Respondent No.2 Scrutiny Committee be directed to
decide the validation proceedings expeditiously
and till that time the services of the Petitioner
be protected.
3.
The learned A.G.P. submits that the
Scrutiny Committee would endeavour to dispose of
the validation proceedings expeditiously.
4. We have gone through the Judgment and
Order passed by the Maharashtra Administrative
Tribunal in Original Application No.723 of 2013.
The said order reads as under:-
"5. We direct the Respondents to promote
the Applicant in the cadre of Naib Tahsildar
on the basis of proceedings of D.P.C. subject
to production of Caste Validity Certificate
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by the Applicant within a period of six
months. If the Applicant is unable to produce
the Caste Validity Certificate, within six
months, the Applicant will have no claim to
continue to work in the promoted post. The
O.A. is allowed in these terms with no order
as to costs."
5.
Pursuant to the said order, the
Petitioner is officiating as Naib Tahsildar. To
get the validation proceedings decided within the
stipulated period is not in the hands of the
litigant. Considering above, we pass following
order:
O R D E R
(I) Respondent No.2 - Scrutiny Committee
shall decide the validation proceedings
in respect of tribe claim of the
Petitioner within NINE MONTHS.
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(II) The Petitioner shall co-operate in
expeditious disposal of the said
validation proceedings.
(III) Till the validation proceedings
are decided by Respondent No.2 Scrutiny
Committee, Respondent No.3 employer shall
not take adverse action against the
Petitioner only on the ground that
validation proceedings are pending.
(IV) The Petitioner shall appear before
Respondent No.2 Committee on 4th April
2016.
(V) The Respondent No.3 employer is
entitled and is at liberty to take action
in tune with the Judgment delivered by
the Scrutiny Committee in the validation
proceedings.
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(VI) Rule is accordingly made absolute
in above terms.
[A.I.S. CHEEMA, J.] [S.V. GANGAPURWALA, J.]
asb/MAR16
