Case Note & Summary
The petitioner, Vinayak Marotrao Mahajan, a retired Deputy Engineer from Maharashtra Jeevan Pradhikaran, challenged the order dated 29.12.2017 of the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, which invalidated his caste claim to the 'Halba' Scheduled Tribe. He also challenged the withholding of his pension by the employer. The petitioner was appointed on 21.08.1981 as Junior Engineer based on his diploma in Mechanical Engineering, not under any reserved category. Despite this, in 2012, the employer called upon him to submit his caste certificate for verification. The Scrutiny Committee passed the impugned order without giving the petitioner an opportunity to cross-examine witnesses or submit relevant documents, violating principles of natural justice. The court found that the committee's order was unsustainable and set it aside. Consequently, the court directed the employer to restore the petitioner's pension and pay arrears within eight weeks. The petition was allowed with no order as to costs.
Headnote
A) Natural Justice - Caste Scrutiny - Invalid Order - Opportunity of Hearing - The Scrutiny Committee invalidated the petitioner's caste claim without providing him an opportunity to cross-examine witnesses or submit documents, violating principles of natural justice. The court held that such an order cannot be sustained and set it aside. (Paras 1-10) B) Service Law - Pension - Withholding of Pension - Caste Certificate Invalidated - The employer withheld pension based on the invalidated caste certificate. Since the order of invalidation was quashed, the court directed restoration of pension and payment of arrears within eight weeks. (Paras 11-15)
Issue of Consideration
Whether the order of the Scheduled Tribe Caste Certificate Scrutiny Committee invalidating the petitioner's caste claim to 'Halba' Scheduled Tribe is sustainable in law, and whether the withholding of pension by the employer is justified.
Final Decision
The petition is allowed. The order dated 29.12.2017 passed by the Respondent No.1 is quashed and set aside. The Respondent No.2 is directed to restore the pension of the petitioner and pay arrears within eight weeks. No order as to costs.
Law Points
- Natural Justice
- Caste Scrutiny
- Pension
- Opportunity of Hearing
- Halba Scheduled Tribe
