Case Note & Summary
The petitioner, Ku. Rajani d/o Krushnarao Kolhe, was employed as a Junior Clerk with respondent no. 2, Sant Gadge Baba Amravati University, since 1 February 1997, based on a caste certificate showing her as 'Halba - Scheduled Tribe'. In 2001, the University asked her to submit documents for verification of her caste. She submitted the documents in 2002, which were forwarded to respondent no. 1, the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati. The enquiry remained pending for over a decade. Despite the pendency, the University issued a notice dated 2 August 2013 insisting on production of a caste certificate by 8 August 2013, threatening termination of her services if she failed to comply. The petitioner had earlier filed a writ petition (W.P. No. 404/13 and connected petitions) which was disposed of on 8 February 2013, quashing similar notices and directing the Scrutiny Committee to expedite the proceedings and the parties to cooperate. However, the Committee did not adjudicate the claim within six months as directed. The University again issued the impugned notice dated 2 August 2013. The petitioner approached the High Court seeking protection of her service and quashing of the notice. The Court observed that the University ought to have taken note of the pending proceedings and the earlier court order. The Court held that threatening termination during pendency of caste validity proceedings is nothing but contempt of court. The Court quashed the notice dated 2 August 2013 and directed the Scrutiny Committee to decide the petitioner's caste claim within six months from the date of the order. The Court further directed that the petitioner's service shall not be terminated until the decision of the Scrutiny Committee, and that the petitioner shall cooperate in the proceedings.
Headnote
A) Service Law - Caste Verification - Protection of Service - Pending Caste Validity Proceedings - The petitioner, a Junior Clerk employed since 1997 based on a 'Halba - Scheduled Tribe' certificate, was threatened with termination by the employer despite pending verification before the Scrutiny Committee - The Court held that the employer ought to have taken note of the pending proceedings and the earlier court order directing expedition, and that such threat amounts to contempt - The Court quashed the notice and directed the Scrutiny Committee to decide the caste claim within six months, with protection of service until then (Paras 2-7).
Issue of Consideration
Whether an employer can terminate the services of an employee whose caste claim is pending verification before the Scrutiny Committee, and whether the employee is entitled to protection of service during such pendency.
Final Decision
The Court quashed the notice dated 2.8.2013 issued by respondent no.2. Directed respondent no.1 Scrutiny Committee to decide the petitioner's caste claim within six months from the date of the order. Directed that the petitioner's service shall not be terminated until the decision of the Scrutiny Committee. Directed the petitioner to cooperate in the proceedings.
Law Points
- Protection of service pending caste verification
- Caste Scrutiny Committee must decide within reasonable time
- Employer cannot terminate service during pendency of caste validity proceedings
Case Details
2013 LawText (BOM) (08) 143
Writ Petition No. 4261 of 2013
Mr. A.C. Dharmadhikari for Petitioner; Mr. R.S. Suryawanshi h/f Mr. N.W. Sambre for Respondent No.1; Mr. J.B. Kasat for Respondent No.2
Ku. Rajani d/o Krushnarao Kolhe
The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati; The Registrar, Sant Gadge Baba Amravati University, Amravati
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Nature of Litigation
Writ petition seeking quashing of notice threatening termination of service and protection of service pending caste validity verification.
Remedy Sought
Quashing of notice dated 2.8.2013 and direction to respondent no.2 not to terminate petitioner's service until decision by Scrutiny Committee.
Filing Reason
Respondent no.2 issued notice threatening termination of petitioner's service despite pending caste validity proceedings before Scrutiny Committee and earlier court order directing expedition.
Previous Decisions
This Court by order dated 08.02.2013 in W.P. No. 404/13 and connected petitions quashed similar notices and directed the Scrutiny Committee to expedite proceedings and parties to cooperate.
Issues
Whether the employer can terminate the services of an employee whose caste claim is pending verification before the Scrutiny Committee.
Whether the employee is entitled to protection of service during the pendency of caste validity proceedings.
Submissions/Arguments
Petitioner argued that respondent no.2, knowing the judgments of the Supreme Court and this Court and the pendency of caste validity proceedings, issued notices threatening termination, which amounts to contempt.
Petitioner prayed for protection and relief as granted in Kavita Solunke v. State of Maharashtra and Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha.
Ratio Decidendi
An employer cannot terminate the services of an employee during the pendency of caste validity proceedings before the Scrutiny Committee, especially when the Committee has failed to decide despite court directions. Such termination threat amounts to contempt of court. The employee is entitled to protection of service until the Committee decides the caste claim.
Judgment Excerpts
Respondent no. 2 knowing fully well the pendency of enquiry proceedings, again issued notice dated 2.8.2013 insisting for a certificate and threat was also given to the petitioner to terminate her services.
Such type of threat to terminate the service is nothing but a contempt of court.
We are inclined to observe that respondent no. 2 ought to have taken note of the fact that respondent no. 1 scrutiny committee could not conclude the proceedings initiated by them in spite of the order passed by this Court and the same is pending.
Procedural History
Petitioner filed W.P. No. 404/13 and connected petitions which were disposed of on 08.02.2013 quashing earlier notices and directing Scrutiny Committee to expedite. Committee did not decide within six months. University issued fresh notice dated 2.8.2013. Petitioner filed present writ petition on 21.08.2013.
Acts & Sections
- Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000:
