Jaya Dhondiba Konkewar vs The State Of Maharashtra And ...
2021 Latest Caselaw 16356 Bom

                                             1                               962 wp.12965.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                        962 WRIT PETITION NO.12965 OF 2021

                         JAYA D/O DHONDIBA KONKEWAR
                                    VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
Advocate for Petitioner : Mr. Sunil M. Vibhute.
AGP for Respondent/State: Mr. S. P. Tiwari.
                                       ...


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

                                      DATE       :   25th November, 2021.

P.C.:

.         The learned counsel submits that the validation proceeding in

respect of the caste claim of the petitioner is invalidated.                        The

petitioner was issued with notice as to why she should not be placed

on supernumerary post. The petitioner filed Writ Petition (Stamp)

No.9714 of 2020. This Court set aside the show cause notice under

order dated 19th June, 2020. Now the employer has issued notice

directing the petitioner to submit validity or else the petitioner will be

placed on supernumerary post.

2 The learned AGP accepts notice for respondent Nos.1 and 2.

3 Considering the fact that, the validation proceedings are pending

with the Committee, we pass following order:-

                                                   2                              962 wp.12965.21.odt


                                            O R D ER

The petitioner shall appear before the Committee on 9 th

December, 2021. The respondent-Committee shall endeavour

to decide the validation proceedings on its own merits, in

accordance with law, expeditiously and preferably withing a

period of six (06) months from the date of appearance of the

petitioner. The petitioner shall co-operate in expeditious

disposal of the proceedings. The impugned order is quashed

and set aside. The employer may not take adverse action

against the petitioner only on the ground that the validation

proceedings are pending. Of course, the employer may take

further course of action depending upon the judgment that may

be delivered in the validation proceedings.

4 In light of the above, the writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga