Disposed

Yogesh Madhavrao Mahale v. State of Maharashtra through Secretary, Tribal Development Dpe.T and Ors.

Bombay HC30 Oct 2018WP/12446/2018

Case brief

AI extract

What is this about?

This single-judge writ petition direct the District Caste Certificate Scrutiny Committee to decide the petitioner's tribe claim by 30 April 2019. The court also stayed coercive action against the petitioner pending this decision.

What did the court decide?

Direct the Respondent No. 2A Committee to decide the tribe claim by 30.04.2019 and restrain coercive steps against the petitioner pending such decision.

Yogesh Madhavrao Mahale Vs State of… — Pension and Retirement Benefits | Bombay HC (2018)

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(908) wp-12446.18.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.12446 OF 2018

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Yogesh Madhavrao Mahale : Petitioner. Versus State of Maharashtra Through its Secretary Tribal Development Department & ors. : Respondents.

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Ms. Priyanka Shaw I/by Mr. R K Mendadkar for the Petitioner. Mrs. Ashwini A Purav AGP for the Respondent/State.

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CORAM : R. M. SAVANT & NITIN W. SAMBRE, JJ. DATE : 30^th OCTOBER 2018

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P.C.

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1 Leave to amend is granted so as to join the District Caste Certificate Scrutiny Committee, Nandurbar as a party Respondent. Amendment to be carried out forthwith.

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2 The only relief sought by way of the above Writ Petition is to direct the Respondent No.2A Committee to decide the caste claim of the Petitioner within the particular time frame.

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3 The Petitioner is working as a Peon with the Respondent No.3 – Kalyan Dombivali Municipal Corporation. A show cause notice was issued to the Petitioner on 08/12/2010 asking him to produce the caste validity certificate. It is an undisputed position that the Petitioner's tribe claim is

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(908) wp-12446.18.doc

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pending before the Respondent No.2A – Committee since the year 2007.

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4 We therefore direct the Respondent No.2A – Committee to decide the tribe claim of the Petitioner latest by 30/04/2019. Until the Petitioner's tribe claim is decided by the Respondent No.2A – Committee, no coercive steps be taken against the Petitioner for non-production of caste validity certificate in respect of the service of the Petitioner on the basis that the Petitioner continues to be in service notwithstanding the said notice dated 08/12/2010. The Petitioner to appear before the Respondent No.2A – Committee on 14/1/2018. Thereafter the Respondent No.2A – Committee to decide the tribe claim of the Petitioner within the outer limit fixed by the instant order. With the directions as aforesaid, the above Writ Petition is disposed of.

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[NITIN W. SAMBRE, J]

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[R. M. SAVANT, J]

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Yogesh Madhavrao Mahale v. State of Maharashtra through Secretary, Tribal Development Dpe.T and Ors.

Case brief

What is this about?

What did the court decide?

Yogesh Madhavrao Mahale v. State of Maharashtra through Secretary, Tribal Development Dpe.T and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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