Shashikant Madhavrao Hingmire vs The State Of Maharashtra And ...
2021 Latest Caselaw 13069 Bom

                                      1                                wp 7966.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               123 WRIT PETITION NO.7966 OF 2021

            SHASHIKANT MADHAVRAO HINGMIRE
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                          ...
  Advocate for Petitioner: Mr. Thorat Chandrakant R.
   AGP for Respondents No. 1&6: Mr. P. K. Lakhotiya
                          ...

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

                                DATE:      14th SEPTEMBER, 2021

 PER COURT:

 1.       Mr.        Thorat,          learned        Advocate           for        the

petitioner submits that the validation proceeding

is pending with respondent no. 6 since the year-

2013. The same is not yet decided. The petitioner

is entitled for the second ACPS benefit. The

petitioner is not extended the ACPS only on the

ground that the validity certificate is not yet

submitted. The petitioner cannot be denied the

benefit for the fault of respondent no. 6.

2. The learned A.G.P., on instructions, submits

that the validation proceeding is pending at the

2 wp 7966.2021

stage of vigilance. The same would be decided

within a period of 4 months.

3. Eight years is too long period for the

validation proceeding not to be concluded.

4. Respondent no. 6 shall conclude the

validation proceeding within a period of four (04)

months.

5. The petitioner shall appear before the

Committee on 27.09.2021.

6. Depending upon the Judgment that would be

delivered by the Committee, the further steps

shall be taken by the employer with regard to the

grant of second ACPS benefit and that too if this

petitioner is otherwise eligible.

7. Writ Petition accordingly stands disposed of.

No costs.

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

marathe