Jamuna Balwantrao Kolgane vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 9209 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


                          964 WRIT PETITION NO.7659 OF 2021


JAMUNA BALWANTRAO KOLGANE                                         .. Petitioner
     VERSUS
THE STATE OF MAHARASHTRA
THR ITS SECRETARY AND OTHERS                                 .. Respondents
                          ...

      Mr S.M. Vibhute, Advocate, h/f. Mr Ghanshyam K. Chinchole,
                        Advocate for Petitioner
       Mrs M.A. Deshpande, Addl. G.P. for the Respondents / State
                                  ...

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

DATE : 14-07-2021

PER COURT : -

1. Issue notice to the respondents. The learned Addl. G.P.

waives service of notice for all the respondents.

2. The validation proceeding in respect of the tribe claim of

the petitioner is pending with respondent no.2 - Committee. The

petitioner is placed on supernumerary post. The petitioner earlier

was also placed on supernumerary post, that order was set aside. In

Writ Petition No.1062 of 2021 filed by the petitioner, this Court

directed the Committee to decide the validation proceedings within

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six months. Six months have yet to lapse. The petitioner is again

placed on supernumerary post even without hearing the petitioner.

3. It is not in the hands of the litigants to get the

proceedings decided within a stipulated period. According to the

learned Counsel for the petitioner, the vigilance is also not yet

conducted.

4. The impugned order is quashed and set aside.

5. The respondents shall not withhold the salary of the

petitioner only on the ground that the validation proceedings is

pending.

6. The Committee once again is directed to decide the

validation proceedings, preferably within four months from the date

of appearance of the petitioner.

7. The petitioner shall appear before the Committee on

04-08-2021.

8. The respondents shall not take adverse action against the

petitioner only on the ground that, the validation proceedings is

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pending.

9. The respondents may take further course of action

depending upon the judgment that would be delivered by the

Committee in the validation proceedings.

10. Writ Petition is disposed of. No costs.

      [ R.N. LADDHA ]                            [ S. V. GANGAPURWALA ]
          JUDGE                                           JUDGE
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