Sunita Tarachand Thakur vs State Of Maharashtra And Others
2021 Latest Caselaw 2108 Bom

                                      1                  988-WP-7922-2020

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 7922 OF 2020


Sunita Tarachand Thakur                                      ...Petitioner

          Versus

State of Maharashtra and Ors.                              ...Respondents


Mr S.S. Phatale, Advocate for Petitioner
Mr K.N. Lokhande, A.G.P. for Respondent-State


                                CORAM : S.V. GANGAPURWALA AND
                                        SHRIKANT D. KULKARNI, JJ.

                                 DATE     : 2nd FEBRUARY, 2021


 PER COURT :

1. The learned counsel submits that the validation proceeding in

respect of the tribe claim of the petitioner is pending with the Committee.

2. The employer has issued notice directing the petitioner to

submit the validity certificate or else, adverse action would be initiated.

3. Though respondent No. 3 served, none appears for respondent

No. 3.

4. To get the validity proceeding decided within stipulated period is

not in the hands of the litigants.

5. It is submitted that vigilance is completed. The petitioner has

filed say to the vigilance report. The hearing is also concluded in the year

2017, but the decision is not taken.

2 988-WP-7922-2020

6. In case the validation proceeding is still pending with

respondent No. 2, then respondent No. 2 shall decide the said proceeding

within a period of three months from the date of appearance of the

petitioner.

7. The petitioner shall appear before the Committee on 22 nd

February, 2021.

8. The impugned notice is quashed and set aside.

9. The employer may take further course of action depending

upon the judgment that would be delivered by the Committee in the

validation proceeding.

10. The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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