Manohar Udesing Mahale vs The State Of Maharashtra Through ...
2021 Latest Caselaw 17183 Bom

                                     1              968-wp 13757-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 13757 OF 2021

 Manohar Udesing Mahale                                          .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. Sushant C. Yeramwar, Advocate for the Petitioner.
 Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 to 3.

                               CORAM :    S. V. GANGAPURWALA &
                                          S. G. DIGE, JJ.

DATED : 09th DECEMBER, 2021.

PER COURT:-

. The learned counsel for the petitioner submits that the validation

proceeding in respect of the tribe claim of the petitioner is pending

since the year 2013. The vigilance was conducted. Say to the vigilance

report was filed in the year 2015. The validation proceeding is not yet

decided. The petitioner is not given the benefit of 7 th pay commission

only on the ground that validity certificate is not submitted.

2. The learned Addl. G. P. accepts notice for all respondents.

3. Considering the above, we pass the following order.

4. In case, the validation proceeding in respect of the tribe claim of

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the petitioner is pending with respondent No. 2, then respondent No. 2

shall take decision upon it on its own merits, in accordance with law

and policy, expeditiously and preferably within a period of three (03)

months from the date of appearance of the petitioner. The petitioner

shall appear before the scrutiny committee on 21.12.2021.

5. Depending upon the judgment that would be delivered by the

committee in the validation proceeding, the parties may take further

steps.

6. Writ petition is disposed of. No costs.

 ( S. G. DIGE )                                 ( S. V. GANGAPURWALA )
    JUDGE                                                 JUDGE




 P.S.B.




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