Writ petition No. of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 10541 of 2010 Archana Prakash Thakur Age : 31 Sex : Female R/o. Amalner, Tq. Amalner dist, Jalgaon presently R/o. Badlapur, Tq. Ambarnath Dist. Thane. Petitioner Vs 1] Scheduled Tribe Certificate Scrutiny Committee Nandurbar Region,Nandurbar. Through its Member SEcretary 2] Education Officer (secondary) Z.p. Thane 3] Sakharam Seth Vidyalaya Katai-kole Post Nelje Tq Kalyan Dist Thane Through Its Head Master Respondents Mr. Mahesh S. Deshmukh, Advocate for the petitioner Mr. R.P. Phatke, Advocate for respondent No.1 Mr. V.H. Dighe, AGP for respondent No.2. CORAM : B.R. GAVAI & R.M. BORDE,JJ. DATE : 13TH DECEMBER, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : Writ petition No. of 2010 2 1] Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2] The only grievance made in the petition is that since the caste claim of the petitioner is not decided by the respondent No.1 Committee, the respondent NO.3 is not sending the pay bills of the petitioner. 3] We find that the petitioner cannot be penalized on account of the inaction on the part of the respondent No.1 in deciding her caste claim. The petition is, therefore, disposed of, in the following terms. [i] The respondent No.1 committee is directed to decide the caste claim of the petitioner within a period of six months from today. [ii] The petitioner to approach the said committee on 17th of January, 2011 and as such, the requirement of formal notice stands waived. [iii] The respondent No.3 shall not withhold the salary bills of the petitioner and the respondent No.2 shall not withhold the salary of the petitioner, on account of non-submission of the validity certificate by the petitioner. [iv] It is further directed that no coercive action be taken against the petitioner till the decision of the caste claim of the petitioner by the respondent No.1 and in the event, any order adverse to the interest of the petitioner is passed by the respondent Writ petition No. of 2010 3 No.1, for a further a period of 2 weeks from the date of receipt thereof by the petitioner. Rule made absolute in aforesaid terms, with no orders as to costs. [R.M. BORDE,J.] [B.R. GAVAI,J.] grt/10541.10wp