Case Note & Summary
The petitioner, Ramesh Mahadeo Dhakate, was appointed as a Clerk on 29th November 1969 against a post reserved for Scheduled Tribe, claiming to belong to the Halba Scheduled Tribe. His caste claim was invalidated by the Scrutiny Committee. He challenged this in Writ Petition No. 4383/2009, which was allowed and remitted back to the Scrutiny Committee, where the matter is still pending. During the pendency of the present petition, the petitioner gave up his claim of belonging to Scheduled Tribe and restricted his claim to protection of service and retiral benefits, relying on the Supreme Court judgment in Kavita Solunke v. State of Maharashtra (2012 (5) Mh.L.J. 921) and the Office Memorandum dated 10th August 2010. The Supreme Court in Kavita Solunke, relying on State of Maharashtra v. Milind Katware, held that appointments which became final on 28th November 2000 shall stand protected. The Office Memorandum protects employees in confirmed service on that date. The respondents opposed the petition, submitting that departmental proceedings were pending against the petitioner. The court, however, found that the petitioner was entitled to protection under the said judgment and memorandum. The court directed the respondents to release the retiral benefits within four weeks, subject to the petitioner giving an undertaking to repay the amount if the Scrutiny Committee decides against him. The petition was disposed of accordingly.
Headnote
A) Service Law - Retiral Benefits - Protection of Service - The petitioner, a retired employee, sought release of retiral benefits after his Scheduled Tribe claim was invalidated by the Scrutiny Committee. The court directed the respondents to release the benefits within four weeks, subject to the petitioner giving an undertaking to repay if the Scrutiny Committee decides against him, relying on the protection granted in Kavita Solunke v. State of Maharashtra and the Office Memorandum dated 10th August 2010. (Paras 1-7) B) Service Law - Caste Claim - Finality of Appointment - The Supreme Court in Kavita Solunke held that appointments which became final on 28th November 2000 shall stand protected. The Union of India's Office Memorandum dated 10th August 2010 protects employees in confirmed service on that date. (Paras 5-6)
Issue of Consideration
Whether the petitioner is entitled to retiral benefits despite his Scheduled Tribe claim being invalidated, in light of the protection granted by the Supreme Court in Kavita Solunke and the Office Memorandum dated 10th August 2010.
Final Decision
The court directed the respondents to release the retiral benefits of the petitioner within four weeks, subject to the petitioner giving an undertaking to repay the amount if the Scrutiny Committee decides against him. The petition was disposed of.
Law Points
- Protection of service for employees whose appointments became final before 28th November 2000
- even if caste claim invalidated
- Office Memorandum dated 10th August 2010
- Kavita Solunke v. State of Maharashtra
