Kashinath Eknath Mantre vs The State Of Maharashtra And ...
2021 Latest Caselaw 10746 Bom

                                     1                            wp 8719.21

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                      WRIT PETITION NO. 8719 OF 2021

          Kashinath Eknath Mantre                     ..   Petitioner
               Versus
          The State of Maharashtra and others         ..   Respondents

 Shri G. K. Chinchole, Advocate h/f Shri Sunil M. Vibhute,
 Advocate for the Petitioner.
 Mrs. Vaishali N. Jadhav-Patil, A.G.P. for Respondent Nos. 1 to 4.

                                  AND
                      WRIT PETITION NO. 8726 OF 2021

          Madhav Kishan Yelsatwad                     ..   Petitioner
               Versus
          The State of Maharashtra and others         ..   Respondents

 Shri G. K. Chinchole, Advocate h/f Shri Sunil M. Vibhute,
 Advocate for the Petitioner.
 Mrs. Vaishali N. Jadhav-Patil, A.G.P. for Respondent Nos. 1 to 4.

                           CORAM :    S. V. GANGAPURWALA AND
                                      R. N. LADDHA, JJ.

DATE : 10TH AUGUST, 2021.

FINAL ORDER :

. The learned counsel for the petitioners submits that, in both these matters validation proceedings are pending. The employer has issued show cause notices to the petitioners to produce validity certificates, else adverse action would be taken and petitioners would be placed on supernumerary posts.

2. The learned Assistant Government Pleaders accept notice for respondents/State in respective writ petitions.

2 wp 8719.21

3. It is submitted that, in Writ Petition No. 8719 of 2021, the validation proceeding is pending since the year 2013 and in Writ Petition No. 8726 of 2021, after submitting corrected tribe certificate, same is pending since 15.03.2021 with the Committee.

4. Considering the fact that, the validation proceedings are pending with the Committee, we pass following order.

5. The petitioners shall appear before the Committee on 14 th September, 2021. The Committee shall endeavour to decide the validation proceedings on its own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioners. The petitioners shall co-operate in expeditious disposal of the proceedings. The impugned orders are quashed and set aside. The employer may not take adverse action against the petitioners only on the ground that validation proceedings are pending. Of course, the employer may take further course of action depending upon the judgment that may be delivered in the validation proceedings.

6. In the light of the above, the writ petitions are disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

bsb/Aug. 21