Prabhu Dattatraya Totewad vs The State Of Maharashtra And ...
2017 Latest Caselaw 9403 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                            WRIT PETITION NO. 14160 OF 2017

Prabhu S/o. Dattatraya Totewad,                              ..       Petitioner
Age-25 years, Occu-Service,
R/o.Bitnal, Tq. Umri,
Dist. Nanded

      Versus

1.    The State of Maharashtra,           ..                          Respondents
      Through Secretary to Tribal Development
      Department, Mantralaya, Mumbai

2.    The Scheduled Tribe Certificate
      Verification Committee, Aurangabad
      Through its Deputy Director (R)
      Aurangabad

3.    The Manager,
      Government Photozinko Press
      & Book Depot Pune-1
      Dist.Pune

Mr.Sunil M. Vibhute, Advocate for the petitioner
Mr.S.G.Karlekar, AGP for the respondents/State

                                         CORAM :  S.V. GANGAPURWALA &
                                                  S.M. GAVHANE, JJ.
                                         DATED : 07.12.2017

ORAL JUDGMENT [PER:S.V. GANGAPURWALA, J]

.              Learned AGP waives service of notice for all the
respondents. 




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2.             Rule.   Rule   made   absolute   forthwith.   With   the
consent of the parties taken up for final disposal. 


3.             It is submitted by the learned counsel for the
petitioner that validation proceeding in respect of the
tribe   claim   of   the   petitioner   is   pending   since
19.11.2016. Respondent NO.3 Employer has issued notice to
the petitioner to the effect that if the validity is not
submitted   by   20.12.2017   the   service   of   the   petitioner
would be terminated. 


4.             We have heard the learned AGP. 


5.             Learned AGP states that as the validity is  not
submitted   the   notice   is   rightly   issued.   To   get   the
validation proceeding decided within stipulated period is
not in the hands of the litigant. Considering the above,
we pass the following order. 


                                    ORDER

i. Respondent No.2 Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously preferably within a period

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of nine months.

ii. The petitioner shall co-operate in expeditious disposal of the validation proceeding.

iii. Till the validation proceeding are decided the respondent No.3 Employer shall not take any adverse action against the petitioner only on the ground that the validation proceeding is pending.

iv. The respondent /Employer can take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

v. The impugned notice is quashed and set aside.

vi. Rule made absolute in above terms. No costs.

[S.M. GAVHANE, J.] [S.V. GANGAPURWALA, J.]

VishalK/wp14160.17