Case Note & Summary
The petitioner, Mrs. Suman Satyawan Salunke, was appointed on 20.3.1995 in the Pune District Central Co-operative Bank (Respondent No.3) based on a caste certificate indicating she belonged to the Thakar caste, which was notified in the Other Backward Class (OBC) category. However, the certificate was later invalidated by the Caste Scrutiny Committee, leading the bank to issue a show-cause notice on 27.10.2003 calling for termination of her services on the ground that she was appointed in a reserved category for Scheduled Tribes although she belonged to OBC. The petitioner challenged this notice in the High Court. The court examined the findings of the Caste Scrutiny Committee and found no error, as the committee had considered all documents and material in accordance with law. However, the petitioner relied on a Government Resolution dated 30.6.2004, which provides that all persons from reserved categories who do not belong to Scheduled Tribes and who obtained employment in that category prior to 15.6.1995 shall be continued in service. The court noted that there was no dispute that the petitioner was employed before 15.6.1995 and that she obtained employment against a reserved category post for Scheduled Tribes. The Government Resolution applies not only to government and semi-government organizations but also to the respondent bank. Consequently, the court held that the petitioner's services cannot be terminated and directed the bank to continue her in service. The petition was disposed of accordingly.
Headnote
A) Service Law - Caste Certificate - Invalidity - Termination - The petitioner was appointed on 20.3.1995 based on a caste certificate showing Thakar caste (OBC) but was later found to belong to OBC and not Scheduled Tribe. The Caste Scrutiny Committee invalidated the certificate. The court upheld the committee's finding but applied the Government Resolution of 30.6.2004 which protects employees appointed before 15.6.1995 in reserved category despite invalid certificate. Held that the petitioner's services cannot be terminated as she was appointed prior to the cut-off date (Paras 2-5).
Issue of Consideration
Whether the petitioner's services can be terminated on the ground that her caste certificate was invalidated by the Caste Scrutiny Committee, and whether the Government Resolution of 30.6.2004 protects her employment.
Final Decision
The petition is disposed of with a direction that the petitioner's services shall not be terminated and she shall be continued in service in view of the Government Resolution dated 30.6.2004.
Law Points
- Caste Scrutiny Committee's findings are binding unless perverse
- Government Resolution of 30.6.2004 protects employees appointed before 15.6.1995 in reserved category even if certificate invalid
- Petitioner's appointment prior to cut-off date entitles her to protection
