1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5202 OF 2009 1. Bhagaji Kaduba Wagh, Age : 32 years, Occu. Service, Presently working as Gram Sevak, R/o Jaibhavani Nagar, Sillod, Dist. Aurangabad 2. Kaduba Namdeo Jadhav, Age : 31 years, Occu. Service, presently working as Arogya Worker, R/o Kerhala, Taluka Sillod, District Aurangabad 3. Laxman Bhagaji Suradkar, Age : 35 years, Occu. Service, presently working as Arogya Worker, R/o Shivajinagar, Sillod, Tq. Sillod, District Aurangabad 4. Sahebrao Supdu Chormale, Age : 34 years, Occu. Service, presently working as Assistant Teacher, R/o Masoba nagar, Sillod, Tq. Sillod, District Aurangabad 5. Hari Saluba Ghugre, Age : 44 years, Occu. Service, presently working as Assistant Teacher, R/o Tilaknagar, Sillod, Tq. Sillod, District Aurangabad 6. Laxman Deoba Bhotkar, Age : 31 years, Occu. Service, presently working as Gram sevak, R/o Tilaknagar, Sillod, Tq. Sillod, District Aurangabad 2 7. Shamrao Yeshwanta Chormale, Age : 36 years, Occu. Service, presently working as Assistant Teacher, R/o Masoba Nagar, Shikshak Colony, Sillod, Tq. Sillod, Dist. Aurangabad 8. Kaduba Ganpat Ghugre, Age : 40 years, Occu. Service, presently working as Assistant Teacher, R/o Anant Park, Bharadi Road, Sillod, Taluka Sillod, District Aurangabad 9. Trimbak Vithoba Ghugre, Age : 44 years, Occu. Service, presently working as Assistant Teacher, R/o Babra, Tq. Phulambri, District Aurangabad 10. Madhukar Uttamrao Jarare, Age : 44 years, Occu.Service, presently working as Assistant Teacher, R/o Samata Nagar, Sillod, Tq. Sillod, District Aurangabad 11. Dinkar Fakira Padale, Age : 36 years, Occu.Service, presently working as Gram Sevak, R/o S.T. Society, Jadhavwadi, Aurangabad, Tq. & Dist. Aurangabad 12. Ganesh Shankar Gaole, Age : 22 years, Occu.Service, presently working as Gram Sevak, R/o Halda, Tq. Sillod, Dist. Aurangabad 13. Rajesh Suresh Wagh, Age : 31 years, Occu. Service, R/o Sillod, Tq. Sillod, District Aurangabad 3 14. Namdeo Motiram Wagh, Age : 44 years, Occu. Service, presently working as Village Development Officer, R/o Halda, Tq. Sillod, Dist. Aurangabad 15. Smt. Sunanda Krushna Dhade, Age : 28 years, Occu. Service, presently working as Arogya Sevika, R/o Jarandi, Tq. Soigaon, Dist. Aurangabad 16. Smt. Satyabhama Kisanrao Jhaskar, Age : 29 years, Occu. Service, presently working as Arogya Sevika, R/o Amthana, Tq. Sillod, Dist. Aurangabad 17. Smt. Padmaja Yeshwantrao Pawar, Age : Major, Occu. Service as Junior Assistant (Accounts), Zilla Parishad, Aurangabad 18. Hari s/o Deorao Sonwane, Age : 35 years, Occu.Service as Gramsevak, R/o Panwadod, Tq. Sillod, District Aurangabad 19. Baig Nabab Saheb Jani, Age : 43 years, Occu. Service, Assistant Teacher, R/o Snehanagar, Sillod, Tq. Sillod, Dist. Aurangabad 20. Awdaji Shamrao Sapkal, Age : 40 years, Occu. Service, Assistant Teacher, R/o Azadnagar, New Koliwadi, Sillod, Tq. Sillod, District Aurangabad ..PETITIONERS VERSUS 1. The Zilla Parishad, Aurangabad, through its Chief Executive Officer at Aurangabad 4 2. The District Health Officer, Zilla Parishad, Aurangabad 3. The Block Development Officer, Panchayat Samiti, Sillod, Tq. Sillod, District Aurangabad 4. Committee for Scrutiny and Verification of Tribe Claim, Aurangabad 5. Committee for Scrutiny and Verification of Tribe Claims, Nandurbar ..RESPONDENTS Mr S.R. Barlinge, Advocate for the petitioners; Mr U.B. Bondar, Advocate for respondents no.1 to 3; Mr U.S. Malte, Advocate for respondents no.4 & 5. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 31st August 2009 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. We have heard Shri S.R. Barlinge, learned Counsel for the petitioners; Shri V.B. Ghatge, learned A.G.P. for respondents no.1 to 3 and Shri U.S. Malte, learned Counsel for respondents no.4 and 5. 5 3. By this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of a writ for quashing and setting aside the communications/notices issued by the respondents directing the petitioners to produce the validity certificate within seven days, failing which adverse action of termination of services of the petitioners would be effected. 4. Shri S.R. Barlinge, learned Counsel for the petitioners states on instructions from the petitioners that the caste claim of all the petitioners is pending consideration before the respondent - Scrutiny Committee i.e. respondents no.4 and 5. In the light of the pendency of the caste claim of the petitioners before the Scrutiny Committee, according to us it is extremely inappropriate on the part of respondents no.1 to 3 to ask the petitioners to produce the validity certificates within a particular time, failing which their services were likely to be terminated. The petitioners obviously cannot be faulted for the delay in referal of their caste claims to the Scrutiny Committee. Be that as it may, since the claim is pending before the Scrutiny Committee, we are inclined to allow this petition. 5. We accordingly allow this petition and quash and set aside the impugned communications to the extent by which the 6 petitioners are directed to produce the validity certificates within a particular time, failing which their services were likely to be terminated. We direct the respondents - Scrutiny Committees to expeditiously decide the caste claim of the petitioners and in no case later than one year from today and communicate the decision thereon to the petitioners. During the pendency of the caste claim/tribe claim of the petitioners before the respondents - Scrutiny Committees, we direct respondents no.1 to 3 not to take any adverse action against the petitioners solely on the ground of failure of the petitioners to produce the validity certificate. 6. Further action, if any, to be initiated by respondents no.1 to 3 would be subject to the decision of the respondent - Scrutiny Committee. 7. Rule is thus made absolute on the above terms with no order as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5202.09 7