{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5370 OF 2009 Delip Dayaram Johare R/o Soygaon, Tq-Soygaon, Dist-Aurangabad PETITIONER VERSUS 1. The Zilla Parishad, Aurangabad, Through its Chief Executive Officer, 2. The caste Scrutiny Committee, Aurangabad RESPONDENTS ....... Mr.A.B.Kharosekar, Advocate for petitioner Mr.U.B.Bondar, Advocate for respondent No.1 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 29th September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. At the outset, Mr.Kharosekar, learned counsel for the petitioner seeks leave to join the Scrutiny Committee as respondent to the petition. Leave granted. Amendment to be {2} carried out forthwith. On such amendment being carried out Mr.Malte, learned counsel, accepts notice on behalf of the Scrutiny Committee. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 3. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for quashing and setting aside the communication dated 10.08.2009 requiring the petitioner to submit validity certificate on or before 14.08.2009, failing which the petitioner would be removed from service. 4. It appears that the petitioner came to be appointed as Junior Clerk by respondent No.1 on 04.04.1986. The petitioner, thereafter, came to be confirmed and submitted his claim for being forwarded to the Scrutiny Committee, for adjudication. Mr.Bondar, learned counsel for respondent No.1, states that the claim of the petitioner has been forwarded to the Scrutiny Committee on 14.08.2009. It is extremely surprising that the Zilla Parishad wants the petitioner to submit the validity certificate on or before 14.08.2009 in respect of the claim forwarded by the Zilla Parishad on 14.08.2009. Be that as it may. Since the claim of the petitioner is pending consideration before the Scrutiny Committee, we quash the impugned order and direct that no adverse action be taken {3} against the petitioner solely on the basis of failure of the petitioner to submit the validity certificate. We direct the Scrutiny Committee to expeditiously decide the claim of the petitioner and accordingly direct the petitioner to appear before the Scrutiny Committee on 26.10.2009. We also direct the Scrutiny Committee to decide the claim of the petitioner, in accordance with law, within 6 months of 26.10.2009. 5. Accordingly, this petition succeeds. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5370-09