Case Note & Summary
The petitioner, Rajendra s/o Ramaji Mahisbadwe, was employed with National Aviation Company of India Limited (NACIL) based on a caste certificate claiming to belong to the Halba Scheduled Tribe. The Scheduled Tribe Certificate Scrutiny Committee, Nagpur, invalidated his caste claim by order dated 05.10.2012. Consequently, the employer terminated his services by order dated 03.11.2009. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India challenging both the invalidation order and the termination order. However, during the proceedings, the petitioner expressly gave up his challenge to the invalidation order and restricted his prayer to seeking protection in service, i.e., reinstatement without the benefits of reservation. The respondents, including the Scrutiny Committee and the employer, opposed the prayer for protection. The petitioner relied on the Supreme Court judgment in Kavita Solunke v. State of Maharashtra (2012 (5) Mh.L.J. 921) and two Division Bench judgments of the Bombay High Court (Nagpur Bench) in Devidas Vitthalral Bhonde v. Divisional Controller MSRTC and Pramod Krushnarao Bayaskar v. Scheduled Tribe Caste Certificate Scrutiny Committee, which granted similar protection. The court considered whether protection in service could be granted despite the invalidation of the caste certificate. The court held that in exceptional circumstances, to avoid undue hardship, an employee may be protected in service even after the caste claim is invalidated, but such protection does not entitle the employee to any benefits of reservation. The court allowed the petition in part, setting aside the termination order and directing reinstatement without back wages and without any consequential benefits of reservation. The court also directed that the petitioner shall not claim any benefits of reservation in future.
Headnote
A) Service Law - Caste Certificate - Protection in Service - Invalid Caste Claim - Employee gave up challenge to order invalidating caste certificate as Halba Scheduled Tribe - Sought protection in service relying on Kavita Solunke v. State of Maharashtra - Held that protection can be granted in exceptional circumstances to avoid hardship, but employee cannot claim benefits of reservation - Court directed reinstatement without back wages and without consequential benefits of reservation (Paras 1-5).
Issue of Consideration
Whether an employee whose caste certificate has been invalidated by the Scrutiny Committee is entitled to protection in service despite giving up challenge to the invalidation order.
Final Decision
The court allowed the petition in part. The termination order dated 03.11.2009 was set aside. The petitioner was directed to be reinstated in service without back wages and without any consequential benefits of reservation. The petitioner was also directed not to claim any benefits of reservation in future.
Law Points
- Protection in service despite invalid caste certificate
- Kavita Solunke principle
- Articles 226 and 227 of Constitution of India
- Scheduled Caste Certificate Scrutiny Committee
