Case Note & Summary
The petitioner, Deepak s/o Yadavrao Gotefode, was appointed as a Lower Division Clerk on 6.6.1995 by the Commissioner of Customs (General), Mumbai, against a post reserved for Scheduled Tribe, based on a caste certificate issued on 23.8.1998 by the Executive Magistrate, Bhandara, claiming to belong to the Halba Scheduled Tribe. His claim was forwarded to the Scrutiny Committee, which invalidated it on 24.6.2004, leading to his termination on 25.8.2004. The petitioner filed Original Application No. 612/04 before the Central Administrative Tribunal, which was allowed on 20.4.2006, holding that the petitioner was entitled to protection in view of the Apex Court's judgment in Kavita Solunke's case. However, the respondent No.2 did not implement the Tribunal's order, leading to the petitioner filing a contempt petition and eventually the present writ petition. The High Court noted that the petitioner's case was covered by the Office Memorandum dated 10.8.2010 and the Kavita Solunke case, which provide for protection of service of employees whose caste claims are invalidated. The Court directed the respondent No.2 to consider the petitioner's case for protection under the said Office Memorandum and to reinstate him with continuity of service and consequential benefits, subject to the outcome of such consideration. The petition was allowed in these terms.
Headnote
A) Service Law - Caste Certificate Scrutiny - Protection of Service - Office Memorandum dated 10.8.2010 - The petitioner, appointed as Lower Division Clerk against a post reserved for Scheduled Tribe, had his caste claim invalidated by the Scrutiny Committee, leading to termination. The High Court, following the Kavita Solunke case, directed the respondent No.2 to consider the petitioner's case for protection under the Office Memorandum dated 10.8.2010 and to reinstate him with continuity of service and consequential benefits, subject to the outcome of such consideration. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to protection of his services and reinstatement despite invalidation of his Scheduled Tribe claim, in light of the Office Memorandum dated 10.8.2010 and the Kavita Solunke case.
Final Decision
The High Court allowed the writ petition, directing respondent No.2 to consider the petitioner's case for protection under Office Memorandum dated 10.8.2010 and to reinstate him with continuity of service and consequential benefits, subject to the outcome of such consideration.
Law Points
- Protection of service of an employee whose caste claim is invalidated
- applicability of Office Memorandum dated 10.8.2010
- consideration of Kavita Solunke case
- reinstatement with continuity of service
