Case Note & Summary
The petitioner, Narayan s/o Vithoba Kumbhare, was appointed as Assistant Extension Officer on 6.2.1998 on the basis of a Halba Scheduled Tribe certificate. He completed his probation on 6.2.1998 as recorded in an office order dated 12.1.2001. The petitioner filed a writ petition seeking protection of his appointment in light of judgments of the Supreme Court and this Court, including a recent judgment in Writ Petition No.5530/2012 (Ku. Vijaya Deorao Nandanwar vs. Chief Officer, Municipal Council, Wardha). The court noted that no notice or threat had been issued to the petitioner till date. The office memorandum dated 10.8.2010, paragraph 3, states that persons belonging to the 'Halba Koshti/Koshti' caste who got appointment against vacancies reserved for Scheduled Tribes on the basis of certificates issued by competent authority under the Constitution (Scheduled Tribes) Order, 1950, and whose appointments had become final on or before 28.11.2000, shall not be affected, but they shall not get any benefit of reservation after 28.11.2000. The petitioner's caste claim was still pending with respondent no.1 (Scrutiny Committee). The court directed the petitioner to make a representation to respondent nos.2 and 3 (ICAR and IARI) within two weeks, and directed those respondents to consider the representation in view of the above position. The court disposed of the petition with these directions.
Headnote
A) Service Law - Caste Certificate - Protection of Appointment - The petitioner, appointed as Assistant Extension Officer on 6.2.1998 based on a Halba Scheduled Tribe certificate, sought protection of his appointment. The court, relying on the office memorandum dated 10.8.2010 which protects appointments finalized on or before 28.11.2000, directed the employer to consider the petitioner's representation in light of the memorandum and the pending scrutiny. (Paras 2-5)
Issue of Consideration
Whether the petitioner's appointment based on Halba Scheduled Tribe certificate should be protected in light of the government's office memorandum and pending scrutiny of caste claim.
Final Decision
The court disposed of the petition directing the petitioner to make a representation to respondent nos.2 and 3 within two weeks, and directed those respondents to consider the representation in view of the office memorandum dated 10.8.2010 and the pending scrutiny.
Law Points
- Protection of appointment based on caste certificate
- Finality of appointment before cut-off date
- Consideration of representation by employer
