1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5372 OF 2009 1. Prabhu S/o.Ranuba Sapkal, Age-40 years, Occu-Service, Presently working as Assistant Teacher, R/o.Anvi, Taluka Sillod, Dist. Aurangabad 2. Archana Samshersing Gaherwar, Age-38 years, Occu-Service, Presently working as Arogya Worker, R/o.Belkheda, Tq. Kannad, District : Aurangabad 3. Prakash Ratilal Gavle, Age-25 years, Occu-Service, Presently working as Peon, R/o.Halda, Tq.Sillod, Dist. Aurangabad 4. Dnyaneshwar Dagduba Suradkar, Age-42 years, Occu-Service, Presently working as Head of Centre, R/o.Panvadod, Tq.Sillod, District : Aurangabad PETITIONERS VERSUS 1. The Zilla Parishad, Aurangabad, Through its Chief Executive Officer, at Aurangabad. 2. The District Health Officer, Zilla Parishad, Aurangabad. 2 3. The Block Development Officer, Panchayat Samiti, Sillod, Tq. Sillod, District : Aurangabad. 4. The Committee for Scrutiny and Verification of Tribe Claims, Aurangabad. 5. The Committee for Scrutiny and Verification of Tribe Claims, Nandurbar. RESPONDENTS Mr.S.R.Barlinge, learned counsel for the petitioners. Mr.V.B.Ghatge, learned AGP for respondent no.1 to 3 Mr.R.P.Phatke, Standing counsel for respondent no.4 and 5 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. By the present petition under Article 226 of The Constitution of India, the petitioners have prayed to quash and set aside the order dated 10/08/2009 issued by the 1st respondent with further prayer of issuance of writ of mandamus that not to take any adverse action against the petitioners till their caste claim is decided by the Scrutiny Committee with further directions to respondent no.4 and 5, the Committee, to decide the caste claim of the petitioners as expeditiously as possible within the stipulated period. 2. Considering the limited relief claimed by the petitioners as 3 stated in above paragraphs supra, the writ petition is finally heard at the stage of admission. 3. Rule. Rule made returnable forthwith. 4. From the facts stated in above paragraphs and the limited relief claimed by the petitioners, we did not feel it necessary to discuss the facts which gave rise to file the present writ petition. Suffice to say, the petitioners are in the service of Zilla Parishad, Aurangabad, respondent no.1 to 3, since the year 1987-1992 onwards, and they are in continuous service till the date of filing of the writ petition. All the writ petitioners were served with notice dated 10/08/2009 by which they were directed to produce the caste validity certificate till 14/08/2009,. failing which their services will be terminated. It is stated across the bar that the caste claim of the petitioners are pending before the Scrutiny Committee since long. 5. In the above circumstances, as the caste claim of the petitioners are pending before the Scrutiny Committee, for the expeditious hearing and disposal of their caste claims, we hereby direct the petitioners to appear before the Scrutiny Committee on 26/10/2009 and direct the Scrutiny Committee to decide their caste claims within the period of 6 months thereafter. As the caste claim of the petitioners are pending before the Scrutiny Committee, which are yet to be decided, for these acts, the petitioners can not be faulted. 4 6. In the premise, we hereby quash and set aside the order dated 10/08/2009 passed by The Chief Executive Officer, Zilla Parishad, Aurangabad, the 1st respondent. 7. The writ petition thus succeeds. Rule made absolute as indicated above. Writ petition stands disposed of accordingly with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5372-09