1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7457 OF 2009 Harish s/o Sopansing Rajput. ... Petitioner. Versus The State of Maharashtra & Others. ... Respondents. -------- Shri. Annasaheb S. Kadam. Advocate for the petitioner. Smt. A.V. Gondhalekar, Assistant Government Pleader for respondent No.1. Shri. B.L. Sagar-Killarikar Advocate for respondent No.2. Shri. S.M. Godsay, Advocate for respondent Nos.3 and 4. -------- CORAM: NARESH H PATIL & K.U. CHANDIWAL,JJ. DATE: 24th NOVEMBER 2009 PER COURT : 1) The learned counsel for the petitioner submits that the petitioner joined as Junior Engineer on 23-3-2009 pursuant to appointment 2 order dated 27-2-2009 issued by the Maharashtra State Electricity Transmission Co. Ltd. It was incumbent for the petitioner to produce caste validity certificate. A proposal was accordingly forwarded to the Caste Scrutiny Committee. 2) The learned counsel Shri. B.L. Sagar Killarikar appearing for the Scrutiny Committee submits that Vigilance Cell report is served on the petitioner and the caste claim would be decided within a period of one month in case petitioner does not lead any evidence. In case petitioner leads any evidence the Scrutiny Committee will decide the caste claim within a period of two months. 3) It is for the petitioner to cooperate effectively with the Scrutiny Committee. The learned counsel for the petitioner submits that the petitioner would cooperate with the Scrutiny Committee in deciding the caste claim. 3 4) Learned counsel Shri. Godsay appearing for respondent Nos.3 and 4, on telephonic instructions, submits that under the appointment order itself it is made clear that the petitioner is to produce caste validity certificate within 3 months. It is, therefore, submitted that, the petitioner was supposed to produce the caste validity certificate otherwise his services would be terminated. The learned counsel further submits that the petitioner has proceeded on leave and is not attending his duties since last 3 weeks. Therefore, his salary is also not paid. The issue of salary may not be decided at this stage. The crucial question would be regarding production of the caste validity certificate by the petitioner. 5) We, therefore, direct the Caste Scrutiny Committee to decide the caste claim of the petitioner within one month. The petitioner to appear before the Committee on 30th November 2009 at 11.00 a.m. In case the caste claim is 4 validated the petitioner shall be allowed to resume his duty. 6) With the above directions, the writ petition is disposed of. (K.U. CHANDIWAL, J.) (NARESH H PATIL, J.) rsl/ wp.7457.09