Case Note & Summary
The petitioner, Moreshwar Ramchandra Hadke, was appointed as Talathi on 4.11.1981 against a post reserved for Scheduled Tribe. His tribe claim was invalidated by the Scrutiny Committee on 29.7.1994. He challenged this invalidation in Writ Petition No.4129 of 1994. Meanwhile, another employee filed a complaint before the Maharashtra Administrative Tribunal, which on 28.11.2006 directed the Collector to accommodate the petitioner's services. The petitioner later obtained a caste certificate as 'Koli' (Special Backward Class) and a validity certificate on 9.2.2007. He was promoted as Naib Tahsildar on 12.1.2011 and as Tahsildar from open category on 13.9.2019. On 6.7.2017, the Supreme Court in Civil Appeal No.8928 of 2015 quashed Government Resolutions protecting services despite invalidation of tribe claims. Consequently, the State issued Government Resolution dated 21.12.2019, clauses 1(b) and (c) of which provided for placing employees on supernumerary posts for a temporary period upon invalidation. By order dated 25.2.2020, respondent no.2 placed the petitioner on a supernumerary post for 11 months or till retirement, whichever was earlier. The petitioner retired on 31.5.2020 but was denied pension and pensionary benefits. He filed the present writ petition under Article 226 challenging the validity of the GR clauses and the order, and seeking mandamus for release of pension. The court held that the impugned clauses were arbitrary and violative of Articles 14 and 16 of the Constitution as they created an unreasonable classification and deprived the petitioner of legitimate pensionary benefits. The court quashed the order dated 25.2.2020 and directed the respondents to release pension and pensionary benefits to the petitioner within eight weeks.
Headnote
A) Constitutional Law - Service Law - Validity of Government Resolution - Articles 14, 16, 226 of Constitution of India - Clauses 1(b) and 1(c) of GR dated 21.12.2019 - The court examined whether the impugned clauses, which allowed placing an employee on supernumerary post for a temporary period upon invalidation of tribe claim, were arbitrary and discriminatory. Held that the clauses were arbitrary and violative of Articles 14 and 16 as they created a classification without any rational nexus and deprived the employee of legitimate pensionary benefits. (Paras 1-3) B) Service Law - Pension - Supernumerary Post - Pensionary Benefits - The petitioner, whose tribe claim was invalidated, was placed on supernumerary post for 11 months and retired thereafter. The court held that the period of supernumerary post cannot be treated as non-pensionable service and directed release of pension and pensionary benefits. (Paras 3-4) C) Constitutional Law - Writ Jurisdiction - Article 226 - The court exercised its writ jurisdiction to quash the impugned order and GR clauses, and issued mandamus for pension release, as the action was arbitrary and without authority of law. (Paras 1, 3)
Issue of Consideration
Whether clauses 1(b) and 1(c) of Government Resolution dated 21.12.2019, which provide for placing employees on supernumerary posts upon invalidation of tribe claim, are arbitrary and violative of Articles 14 and 16 of the Constitution; and whether the petitioner is entitled to pension and pensionary benefits upon retirement.
Final Decision
The court allowed the writ petition. It quashed and set aside clauses 1(b) and (c) of Government Resolution dated 21.12.2019 and the order dated 25.2.2020. It directed respondent no.2 to release pension and pensionary benefits to the petitioner within eight weeks from the date of the order.
Law Points
- Article 226 of Constitution of India
- Government Resolution dated 21.12.2019
- supernumerary post
- pensionary benefits
- Scheduled Tribe certificate invalidation
- protection of service
- Article 14
- Article 16
