1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5881 OF 2010 1. Babasaheb s/o Murlidhar Mahatme, Age 38 years, Occu.Service, R/o Wadawani, District Beed 2. Rajkumar s/o Marotirao Nalgulwar, Age 40 years, Occu.Service, R/o Nagpimpari, Taluka Parali Vaijnath, District beed ..PETITIONERS VERSUS 1. The State of Maharashtra, Through Secretary to Rural Development Department Mantralaya, Mumbai 2. The Chief Executive Officer, Zilla Parishad, Beed, District Beed 3. The Scheduled Tribe Certificate Verification Committee, Aurangabad, Aurangabad, Through its Deputy Director (R), Aurangabad ..RESPONDENTS Mr.S.M.Vibhute, Advocate for petitioners Mr.K.J.Ghute Patil, Assistant Govt.Pleader for respondent No.1 Mr.P.P.Dama, Advocate for respondent No.2 Mr.U.S.Malte, Advocate for respondent No.3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 6th July 2010 2 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. The petitioners, by this petition pray for quashing and setting aside the termination order dated 14.5.2010 terminating the services of the petitioners. 3. The petitioners, who claim to be belonging to Scheduled Tribe category came to be appointed by respondent No.2, Chief Executive Officer, Zilla Parishad, Beed on posts, which were reserved for Scheduled Tribe category candidates. The certificates of the petitioners, issued by the competent authority, came to be referred to the Scrutiny Committee for verification. During the pendency of the proceedings before the Scrutiny Committee, the petitioners were issued with the impugned order dated 14.5.2010 terminating the services of the petitioners. According to us, since the claims of the petitioners are pending consideration before the Scrutiny Committee, the action of the respondents in terminating the services of the petitioners is wholly unjustified. The termination orders came to be stayed by the respondents themselves and thus, the petitioners are in employment. 3 4. For the aforesaid reasons, therefore, we allow this petition, quash and set aside the impugned order issued to the petitioners terminating their services and direct the respondents not to take any adverse action against the petitioners during the pendency of the proceedings before the scrutiny committee. We further direct the scrutiny committee to expeditiously decide the pending tribe claims of the petitioners . Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5881.10wp)