Tushar Anil Thakur vs The State Of Maharashtra And ...
2021 Latest Caselaw 16544 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 13149 OF 2021

 Tushar Anil Thakur                                              .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. Madhur A. Golegaonkar, Advocate for the Petitioner.
 Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 to 4.

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

                               DATED :    30th November, 2021.

 PER COURT:-

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

petitioner is pending since the year 2018. The petitioner is placed on

supernumerary post pursuant to the impugned order.

2. Initially, the petitioner was placed on supernumerary post. The

same was set aside by this Court in writ petition filed by the petitioner

bearing Writ Petition No. 2980 of 2020. Under order dated 20.02.2020

we had directed the committee to decide the proceeding within a

period of six (06) months. It appears that, the committee has not

decided the proceeding. Thereafter, again the petitioner was placed on

supernumerary post. The said order is set aside by this Court in writ

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petition filed by the petitioner bearing Writ Petition no. 10749 of 2020

under order dated 16.06.2020. In the said order, we had directed the

committee to decide the proceeding and at the same time we had

directed that the respondents shall not place the petitioner on

supernumerary post only on the ground that validation proceeding is

pending and permitted the respondents to take further course of action

depending upon the judgment that would be delivered by the

committee. Under the impugned order the petitioner is again placed on

supernumerary post. The same is erroneous. From perusal of the

impugned order it appears that, the respondent/employer is not

communicated with the order of this Court dated 16.06.2020 in Writ

Petition No. 10749 of 2020.

3. As this Court has specifically prohibited the employer from

taking coercive action against the petitioner till the pendency of the

validation proceeding before the committee, it was inappropriate on

the part of the employer to pass the impugned order.

4. The impugned order is quashed and set aside.

5. It also appears that the committee has not decided the

proceeding in spite of this Court directing the committee to decide the

proceeding within the period stipulated.

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6. The petitioner shall appear before the committee on 16.12.2021.

The committee shall thereafter decide the validation proceeding within

a period of six months from the date of appearance of the petitioner. In

case, the committee does not decide the validation proceeding within a

period of six months, the court will take serious view of the matter.

Earlier directions are also not complied by the committee of deciding

the proceeding as stipulated in the earlier orders.

7. The employer may take further course of action depending upon

the judgment that would be delivered by the committee in the

validation proceeding.

8. The petitioner shall serve the copy of this order upon the

employer.

9. Writ petition is disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                               JUDGE




 P.S.B.




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