Writ Petition No.4641 of 2014

12th April, 2016.

Petitioner Counsel: Mr. R.K. MENDADKAR with Mr. C.K. BHANGOJI
Respondent Counsel: Mr. C.P. YADAV

Cases Cited:
Kavita Solunke Vs. State of Maharashtra & Ors., 2012 ALL SCR 2393=2012 (5) Mh. L. J. 921 [Para 5]
Arun s/o Vishwanath Sonone Vs. State of Maharashtra & Ors., 2015(1) ALL MR 799 (F.B.) [Para 5]
Rakesh Sukanuji Dafade Vs. State of Maharashtra & Anr., 2014(7) ALL MR 53=2014 (3) Mh. L. J. 307 [Para 6]
Shri Navnath Shivram Koli Vs. The General Manager, Central Bank of India Mumbai & Ors., W.P. No.4903/2012, Dt.1.9.2015 [Para 6]

JUDGMENT

Anoop V. Mohta, J. :- Rule, returnable forthwith. Heard finally by consent of parties.

2. On 20 September 1997, the Petitioner was appointed by Respondent No.2 and posted at the office of Respondent No.3 on the post of Nurse under reserved category of Scheduled Tribe. Since the Petitioner was appointed from the reserved category, Respondent No.3 referred the caste certificate of the Petitioner to the Scheduled Tribe Certificate Scrutiny Committee, Thane for verification. The Scrutiny Committee, however, has invalidated the caste certificate of the Petitioner as belonging to Mahadev Koli, Scheduled Tribe on 13 June 2012. On 20 July, 2012, in view of the invalidation of tribe claim as belonging to Scheduled Tribe, Respondent No.3 passed an order thereby terminating the services of the Petitioner on the post of Nurse.

3. The Writ Petition filed by the Petitioner against the order of the Scrutiny Committee was disposed of by this Court directing the Divisional Caste Certificate Scrutiny No.3, Belapur, Navi Mumbai to decide caste claim of the Petitioner as belonging to Koli, Special Backward Class (SBC) as the Petitioner gave up her caste claim as belonging to Koli Mahadeo (Scheduled Tribe). On 25 March 2014, thereafter, as per directions given by this Court, the Divisional Caste Certificate Scrutiny Committee No.1, Konkan Bhavan, Navi Mumbai validated the caste certificate of the Petitioner as belonging to Koli, SBC and accordingly issued caste validity certificate.

4. The learned AGP resisted the case of the Petitioner and referred to affidavit dated 11.07.2014 and Circulars annexed to it.

5. The learned counsel appearing for the Petitioner has relied upon the judgment of Supreme Court in Kavita Solunke v. State of Maharashtra and ors., 2012 (5) Mh. L. J. 921 : [2012 ALL SCR 2393] and a Full Bench judgment of this Court in Arun s/o Vishwanath Sonone v. State of Maharashtra & ors., 2015(1) ALL MR 799 (F.B.) and basically referred to paragraph 62 which is reproduced as under :

"62 We, therefore, find that the decision of the Division Bench of this Court in the case of Pradip Koli to the extent it holds in para 26 that "the case of A.P. Ramtekar does not notice that the decision in the case of Kavita Solunke is confined to those who were claiming to be Halbas and therefore, it is not a binding principle" does not lay down a correct legal position and hence it is partly overruled, making it further clear that we concur with rest of the judgment as laying down a correct position of law in respect of "Koshti" and "Halba Koshti". Similarly, in Rakesh Dafade's case, the Division Bench has granted protection to the persons belonging to "Koli" caste falling in the Special Backward Class category. We do not find that the grant of such protection is contrary to any of the decisions of the Apex Court."

6. Further submission is also made for the reliefs in view of the judgment passed by this Court in Rakesh Sukanuji Dafade v. State of Maharashtra and anr., 2014 (3) Mh. L. J. 307 : [2014(7) ALL MR 53] and judgment dated 1.9.2015 (Anoop V. Mohta and A.A. Sayed, JJ.) in Writ Petition No. 4903/2012-Shri Navnath Shivram Koli v. The General Manager, Central Bank of India Mumbai and ors. In Rakesh Dafade, [2014(7) ALL MR 53] (supra), this Division Bench, in a similar situation, where the respective Petitioners were terminated, joined the services by claiming Mahadeo Koli as their caste which was not validated by the Scrutiny Committee. However, it was declared that they belong to Koli (Special Backward Class) (SBC). This Court, based upon the earlier judgments, including the Supreme Court Judgment so referred above, read with the Full Bench judgment, granted protection of service and reinstatement with continuity of service without back wages.

7. In the present case, as noted above, lastly the Petitioner got validation of her caste certificate being belonging to Koli SBC, though she was appointed based upon the caste certificate being belonging to Mahadeo Koli, Scheduled Tribe. The Petitioner, therefore, in the present Petition, in view of the above judgments, is seeking similar relief as granted by this Court referring to the Full Bench judgment in question.

8. Considering the submission so made and the judgments so referred above, and in view of the fact that the Petitioner was in service with Respondent No.3 since 20 September 1997 and was terminated on 20 July 2012 after the Caste Scrutiny Committee invalidated her caste certificate and now the Caste Scrutiny Committee declared her caste as Koli (SBC), therefore, in the interest of justice and in view of the judgments and orders so referred above, we are inclined to grant similar reliefs in the following terms :

ORDER

(a) Termination order dated 20.07.2012 passed by Respondent No.3 is quashed and set aside.

(b) The Petitioner is entitled for continuity of service except back wages.

(c) The Petitioner would not be entitled to any further caste benefits in future on the basis of which she was appointed.

(d) It is clarified that in respect of the benefits , if any, granted after 28.11.2000 being belonging to Mahadeo Koli (Scheduled Tribe), the Respondent/employer /management are at liberty to take appropriate steps and/or to restore the position as on 28.11.2000 except arrears of salary.

(e) The Petitioner to submit the present/existing caste certificate of Koli (Special Backward Class) to complete the formality of service record as early as possible.

(f) Rule is made absolute accordingly in the above terms.

(g) No costs.

Ordered accordingly.