1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5368 OF 2009 1) Sunil Nagayya Pisare, Age-42 years, Occu:Service, R/o-11892, Juna Bazar, New Basti, Aurangabad, 2) Mallesham Purushottam Patrelu, Age-44 years, Occu:Service, R/o-1070, Gavali Pura, Cantonment, Aurangabad. ...PETITIONERS. VERSUS 1) The Zilla Parishad Aurangabad, Through its Chief Executive Officer, at Aurangabad, 2) The Committee for Scrutiny and Verification of Tribe Claim, Aurangabad. ...RESPONDENTS. ... Mr.P.B. Shirsath Advocate for Petitioners. Mr.U.B. Bondar Advocate for Respondent No.1. Mr.U.S. Malte Advocate for Respondent No.2. ... CORAM: NARESH H. PATIL AND K.U. CHANDWAL, JJ. DATE : 3RD NOVEMBER, 2009. ORAL JUDGMENT (PER NARESH H. PATIL, J.) : 1. Rule. Rule returnable forthwith. 2 2. The Petitioners are the employees of Respondent Zilla Parisad and they have worked with Zilla Parishad since 1990, according to the learned counsel for the Petitioners. The Petitioners are challenging the communication dated 10th August, 2009 whereby the Respondent - Chief Executive Officer, Zilla Parishad directed the Petitioners to submit caste validity certificates before 14th August, 2009 and in absence thereof, the services of the Petitioners would be terminated. At that stage the Petitioners rushed to the Court. 3. We have heard the submissions advanced by the learned counsel for the parties. Mr. Malte, learned counsel for Respondent No.2 - Caste Scrutiny Committee states that within a period of six months the Committee would finally dispose of the caste claims of the Petitioners if the proposal is forwarded at the earliest by the Respondent No.1 - employer. 4. The Petitioners undertake to comply with the necessary formalities of submitting the documents with 3 the employer for forwarding the same to the Caste Scrutiny Committee. We direct Respondent No.1 - Zilla Parishad, Aurangabad to forward the proposals within fifteen days from today to the Committee with whatever documents the Petitioners annexes along with the proposal. 5. After receipt of the proposal, we direct Respondent No.2 Committee, to issue notice to the Petitioners and start the proceedings for verifying the caste claims of the Petitioners. The Petitioners undertake to co-operate with the hearing of the matter before the Committee in final disposal of the claims. No adverse order shall be passed by Respondent No.1 against the Petitioners in relation to their services for the period of six months on account of absence of certificate. In case adverse orders are passed by the Committee invalidating the caste claim of the Petitioners, the said order shall not be implemented for two weeks from the date of communication of the order to the Petitioners. 6. But in case the Petitioners fail to comply with the directions of forwarding necessary documents available 4 with them, for forwarding the same by the employer to the Scrutiny Committee, the interim protection granted by this Court shall stand vacated automatically. All issues on merits are kept open. 7. The Petition is therefore disposed of in view of the directions given above. Rule made absolute in the above terms. . Authenticated copy of this order be provided to the learned counsel for the parties. [K.U. CHANDIWAL, J.] [NARESH H. PATIL, J.] asb/NOV09/wp5368.09