Pawankumr Narayan Jangilwar vs The State Of Maharashtra And ...
2021 Latest Caselaw 15437 Bom

                                            1                         973-WP-12004-21.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                           WRIT PETITION NO.12004 OF 2021

                     PAWANKUMR NARAYAN JANGILWAR
                                     VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS
                                         ...
     Advocate for Petitioner : Mr. G. K. Chinchole h/f. Mr. Sunil M. Vibhute
                    AGP for Respondents : Mr. S. P. Tiwari
                                         ...

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

                                        DATE     : 27th OCTOBER, 2021

PER COURT :-


         The learned counsel for the petitioner submits that, in the present

matter validation proceedings is pending.          The employer has issued show

cause notice to the petitioner to produce validity certificate, else adverse

action would be taken and petitioner would be placed on supernumerary

posts.



2.       The learned           Assistant Government Pleader       accepts notice for

respondents/State.



3.       Considering the fact that, the validation proceedings are pending with

the Committee, we pass following order :-




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                                               2                          973-WP-12004-21.odt



                                        ORDER

The petitioner shall appear before the Committee on

9th December, 2021. The respondent-Committee shall endeavour to decide

the validation proceedings on its own merits, in accordance with law,

expeditiously and preferably within 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 is 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 )                                 ( S.V. GANGAPURWALA )
       JUDGE                                                JUDGE




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