Case Note & Summary
The petitioner, Rajan Vitthal Tombri, was appointed as a Typist in the National Bank for Agriculture and Rural Development (respondent) in 1993 based on his claim of belonging to the Mahadev Koli Scheduled Tribe. The Scrutiny Committee, by order dated 17/6/2013, rejected his caste claim, leading to the present writ petition. The petitioner sought protection of his service by giving up the caste claim and undertaking that neither he nor his progeny would claim ST benefits in future. The respondent opposed, arguing that such protection is not available in cases of fraud or misrepresentation, as the petitioner had furnished caste certificates of his cousin showing 'M Koli' and 'Mahado Koli' while his real siblings' certificates showed 'Koli'. The court observed that the petitioner may have failed to prove his claim, but that alone does not constitute a proved case of manipulation. The court noted that the petitioner had already given up his caste claim and undertook to forego future benefits. Relying on the Supreme Court judgments in Dattu Namdeo Thakur v. State of Maharashtra and Shalini v. New English High School Association, the court held that even after invalidating the caste claim, the employee's service can be protected if there is no fraud or misrepresentation. The court allowed the petition, quashed the impugned order to the extent it affected the petitioner's service, and directed that the petitioner's service be protected subject to his undertaking.
Headnote
A) Service Law - Caste Claim - Protection of Service - Petitioner's caste claim as Mahadev Koli (Scheduled Tribe) was rejected by Scrutiny Committee - Petitioner gave undertaking to forego all future benefits as ST for himself and progeny - Court held that in absence of fraud or misrepresentation, service can be protected based on such undertaking - Relied on Dattu Namdeo Thakur v. State of Maharashtra and Shalini v. New English High School Association (Paras 2-4).
Issue of Consideration
Whether the petitioner's service can be protected despite rejection of his caste claim as Scheduled Tribe, given his undertaking to give up the claim for himself and his progeny.
Final Decision
The petition is allowed. The impugned order dated 17/6/2013 is quashed and set aside to the extent it affects the petitioner's service. The petitioner's service is protected subject to his undertaking that neither he nor his progeny will claim benefits as a member of Scheduled Tribe (Mahadev Koli) in future.
Law Points
- Protection of service despite invalid caste claim
- Undertaking to forego future benefits
- No fraud or misrepresentation found
- Reliance on Dattu Namdeo Thakur and Shalini cases
