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Gajanan Ananda Chikatwad v. the State of Maharashtra and Others

Bombay HC11 Mar 2021WP/4464/2021

Case brief

AI extract

What is this about?

The High Court quashed the action of placing the petitioner on a supernumerary post without prior notice, directed speedy resolution of the validation proceeding before the scrutiny committee, and fixed a date for the petitioner to appear.

What did the court decide?

The impugned action of placing the petitioner on the supernumerary post without notice was quashed and set aside.

Gajanan Ananda Chikatwad Vs the State of… — Pension and Retirement Benefits | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 4464 OF 2021

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Gajanan S/o Ananda Chikatwad

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... Petitioner.

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Versus

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The State of Maharashtra
and others... Respondents.

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Mr. A.B. Kharosekar, Advocate h/f Mr. O.B. Boinwad, Advocate for the
Petitioner.

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Mr. S.K. Tambe, A.G.P. for all Respondents.

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CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

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 DATE : 11th MARCH, 2021

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PER COURT:-

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1. It is submitted that validation proceeding in respect of the tribe

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claim of the petitioner is pending with the scrutiny committee, the
same is not decided.

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2.Without issuing notice to the petitioner, the respondents have
placed the petitioner on the supernumerary post. The proposal is
submitted for validation to the committee, well within the time as
contemplated under circular dated 30.07.2013.

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3. As the impugned action is without notice to the petitioner, we quash and set aside the impugned action.

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4. In case, respondents want to take action against the petitioner

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of placing the petitioner on supernumerary post or otherwise, then
notice shall be issued to the petitioner giving opportunity to show
cause. In that event, petitioner can file reply and bring all the relevant
facts to the notice of the respondent-Committee.

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5.The committee shall decide the validation proceeding
expeditiously and preferably within a period of six months.

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6. The petitioner shall appear before the committee on
22.03.2021.

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7. The writ petition is disposed of. No costs.

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( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE

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S.P. Rane

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Gajanan Ananda Chikatwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Gajanan Ananda Chikatwad v. the State of Maharashtra and Others

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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