Rameshwar Uttamrao Tekle vs The State Of Maharashtra Thr ...
2021 Latest Caselaw 1253 Bom

                                                                                         917
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                          917 WRIT PETITION NO.944 OF 2021

                     RAMESHWAR UTTAMRAO TEKLE
                                   VERSUS
         THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
                                      ...
                Advocate for Petitioner : Mr Phatale Sagar S
                 AGP for Respondents State: Mr. P. S. Patil


                                    CORAM   : S. V. GANGAPURWALA &
                                              SHRIKANT D. KULKARNI, JJ.
                                    DATE    : 19th January, 2021
ORDER:

1. Learned Addl.G.P. accepts notice for all the respondents.

2. According to the petitioner, though the validation proceedings are

pending and this Court,under order dated 8 th September,2020 in Writ

Petition No. 6062 of 2020, had restrained the employer from taking

adverse action only on the ground that validation proceeding is pending,

still the employer has placed the petitioner on supernumerary post on

second time.

3. We have also heard Mr. Patil, the learned Additional Government

Pleader.

4. Initially, when the petitioner was placed on supernumerary post,

we had set aside the said order pursuant to our order dated 13.01.2021 in

Writ Petition No. 663/2020. Thereafter, the employer had issued notice to

the petitioner directing the petitioner to submit validity certificate or else,

adverse action would be taken. The said order was set aside by this Court

under order dated 8th September, 2020 in Writ Petition No. 6062 of 2020.

In the order dated 8th September, 2020 in Writ Petition No. 6062 of 2020,

we had observed as under:

"6. The impugned order is quashed and set aside. The employer shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending. The employer any take further course of action depending upon the judgment that would be delivered on the validation proceeding of the petitioner."

5. Now, again, under the impugned resolution dated 31 st

December, 2020, the petitioner is placed under supernumerary post. The

respondents ought not to have passed the impugned order against the

petitioner. Inasmuch as the Scrutiny Committee has not decided the

validation proceedings and the petitioner was protected till the validation

proceedings are decided, under order dated 8 th September,2020 in Writ

Petition No. 6062 of 2020.

6. Mr. Yeramwar, the learned counsel submits that the petitioner was

present before the Committee twice for hearing.

7. Considering the above, as our order dated 8 th September,2020 in

Writ Petition No. 6062 of 2020 in favour of the petitioner is still in force

and the validation proceedings are pending, we set aside the impugned

resolution qua the petitioner.

8. The employer shall abide by the order dated 8 th September,2020

in Writ Petition No. 6062 of 2020.

9. Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC