Swapnil Krishna Gawali vs The State Of Maharashtra And ...
2017 Latest Caselaw 9079 Bom

                                         1                W.P.No.11039/17

                                    UNREPORTED

                      IN THE HIGH COURT OF JUDICATURE
                                  AT BOMBAY

                               BENCH AT AURANGABAD.



                          WRIT PETITION NO.11039 OF 2017.


          Swapnil S/o Krishna Gawali,
          Age 22 years, Occ.Service,
          R/o Dhotra, Post Panwadod,
          Taluka Sillod, District
          Aurangabad, presently R/o
          Thane Municipal Corporation,
          Thane.                       ... Petitioner.

                           Versus

          1. The State of Maharashtra
          through the Secretary
          Revenue and Forest Department,
          Mantralaya, Mumbai-32.

          2. Caste Certificate Scrutiny
          Committee, Aurangabad Division,
          Aurangabad, through its
          Secretary.

          3. The Thane Municipal
          Corporation, Thane.                   ... Respondents.

                                         ...


          Mr.D.D.Choudhari, advocate for the Petitioner.
          Ms.R.P.Gour, A.G.P. for the State.
                                   ...


                                CORAM : S.V.GANGAPURWALA AND
                                        S.M.GAVHANE,JJ.

Date : 27.11.2017.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.)

1. Rule. Rule returnable forthwith. With

the consent of the learned counsel for the

parties, the petition is taken up for final

hearing.

2. The validation proceedings in respect

of the tribe claim of the petitioner is pending

since 2015. The learned A.G.P. on instructions

states that the Committee would decide the

validation proceedings within six (6) months.

3. Considering above, we pass the

following order :

a) The Respondent No.2 Committee shall

decide the validation proceedings in respect of

the tribe claim of the petitioner expeditiously,

preferably within six (6) months. The petitioner

shall cooperate in expeditious disposal of the

said proceedings. The petitioner shall appear

before the Committee on 7.12.2017.

b) The Respondent employer shall not take

adverse action against the petitioner only on the

ground that his validation proceedings are

pending with Respondent No.2. The Respondent

No.3 can take further course of action depending

upon the judgment that may be delivered by the

Committee in the validation proceedings.

          c)               Rule accordingly made absolute in above

          terms.        No costs.



                           Sd/-                         Sd/-

               (S.M.GAVHANE,J.)                (S.V.GANGAPURWALA,J.)



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