Bombay High Court
Vishwanath Vilas Sunkawar vs The State Of Maharashtra Thr Its ... on 22 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 wp 3249&3274.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
28 WRIT PETITION NO.3249 OF 2021
Sunil s/o Rama Shelke,
Age: 28 years,
Occu.: Service (Police Constable),
R/o. Dhamni, Tq. Sillod,
Dist. Aurangabad ..Petitioner
Versus
1. The State of Maharashtra,
Through its Principal Secretary,
Home Department, Mantralaya,
Mumbai-32
2. The Commandant,
State Reserve Police Force,
Group-10, Soregaon Camp, Solapur,
Tq. and Dist. Solapur. Pin-413008
3. The Joint Director and Member Secretary,
Scheduled Tribe Certificate Verification
Committee,
Near Saint Lawrence High School,
Town Centre, CIDCO, Aurangabad,
Dist. Aurangabad .. Respondents
...
Advocate for Petitioner: Mr. Thorat Chandrakant R.
AGP for Respondents: Mr. P. S. Patil
...
50 WRIT PETITION NO.3274 OF 2021
Vishwanath s/o Vilas Sunkawar,
Age: 26 years, Occu.: Service (Police
Constable),
R/o. Madnapur, Tq. Mahur,
Dist. Nanded ..Petitioner
Versus
::: Uploaded on - 25/02/2021 ::: Downloaded on - 29/08/2021 11:23:20 :::
2 wp 3249&3274.2021
1. The State of Maharashtra,
Through its Principal Secretary,
Home Department, Mantralaya,
Mumbai-32
2. The Commandant,
State Reserve Police Force,
Group-10, Soregaon Camp, Solapur,
Tq. and Dist. Solapur. Pin-413008
3. The Joint Director and Member Secretary,
Scheduled Tribe Certificate Verification
Committee,
Near Saint Lawrence High School,
Town Centre, CIDCO, Aurangabad,
Dist. Aurangabad .. Respondents
...
Advocate for Petitioner: Mr. Thorat Chandrakant R.
AGP for Respondents: Mr. P. S. Patil
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 22nd FEBRUARY, 2021
ORAL JUDGMENT (Per S. V. Gangapurwala, J.):
1. Rule. Rule returnable forthwith. With the
consent of learned Counsel for respective parties
matter is heard finally.
2. At the request of learned Counsel for the
petitioners, leave to add Scrutiny Committee as a
party.
3 wp 3249&3274.2021
3. The learned A.G.P. accepts notice for the
respondents.
4. The petitioners tribe claims are pending
validation with the scrutiny committee. The
petitioners had earlier filed Writ Petition Stamp
No. 10042 of 2020 and Writ Petition Stamp
No. 10757 of 2020 against placing the petitioners
on supernumerary posts. This Court under judgment
and order dated 19.06.2020 allowed the said writ
petitions; setting aside the orders placing the
petitioners on supernumerary posts. This Court
also directed the committee to decide the
validation proceedings of the petitioners
expeditiously. The respondent / employer has again
passed the same orders which were set aside by
this Court in the earlier writ petitions placing
the petitioners on supernumerary posts. The
wordings also appear to be the same.
5. The respondent was bound by the orders passed
by this Court. In fact, by passing the impugned
orders, the respondents are committing contempt of
4 wp 3249&3274.2021
the orders of this Court. It does not appear from
the orders that the petitioners were issued with
the notices as was directed in the earlier orders
passed by this Court.
6. The learned A.G.P. shall communicate to the
respondents that, in case, they flout the orders
of this Court passed earlier, this court would
take serious view of the same.
7. The petitioners shall appear before the
Scrutiny Committee on 08.03.2021. The Scrutiny
Committee, shall, thereafter, endeavour to decide
the proceedings expeditiously and preferably
within a period of six (06) months. The
petitioners shall cooperate in expeditious
disposal of the proceedings.
8. As the validation proceedings are pending,
the impugned orders are quashed and set aside on
the same terms as the earlier orders dated
19.06.2020 passed in Writ Petition Stamp No.10042
of 2020 and Writ Petition Stamp No. 10757 of 2020.
5 wp 3249&3274.2021
9. Rule accordingly made absolute.
10. Writ Petitions are accordingly disposed of.
No costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
