Case Note & Summary
The petitioner, Rashmi Haresh Tawari, was appointed as a Nurse on 20 September 1997 by Respondent No.2 (Directorate of Ayurved, Maharashtra State) and posted at Respondent No.3's office under the reserved category of Scheduled Tribe (ST). Her caste certificate claiming to belong to Mahadev Koli (ST) was referred to the Scheduled Tribe Certificate Scrutiny Committee, Thane for verification. The Scrutiny Committee invalidated the certificate on 13 June 2012. Consequently, on 20 July 2012, Respondent No.3 terminated her services. The petitioner filed a writ petition challenging the Scrutiny Committee's order. The High Court disposed of that petition directing the Divisional Caste Certificate Scrutiny Committee No.3, Belapur, Navi Mumbai to decide her caste claim as belonging to Koli, Special Backward Class (SBC), as she gave up her ST claim. On 25 March 2014, the Divisional Caste Certificate Scrutiny Committee No.1, Konkan Bhavan, Navi Mumbai validated her caste certificate as Koli, SBC and issued a caste validity certificate. The petitioner then filed the present writ petition seeking reinstatement with continuity of service and back wages. The State resisted, relying on an affidavit and circulars. The petitioner's counsel relied on the Supreme Court judgment in Kavita Solunke v. State of Maharashtra and the Full Bench judgment of the Bombay High Court in Arun Vishwanath Sonone v. State of Maharashtra, particularly paragraph 62, which held that once a caste validity certificate is granted, the termination order based on the invalidated certificate cannot stand. The court allowed the petition, quashed the termination order, and directed reinstatement with continuity of service but without back wages, as the petitioner had not worked during the intervening period.
Headnote
A) Service Law - Caste Certificate Validation - Reinstatement - Termination based on invalidated caste certificate - Petitioner appointed as Nurse under Scheduled Tribe category, caste certificate invalidated, services terminated - Later, upon giving up ST claim, caste certificate validated as Special Backward Class - Held that termination order based on invalidated certificate cannot stand once validity certificate is granted, and petitioner is entitled to reinstatement with continuity of service but without back wages (Paras 2-7).
Issue of Consideration
Whether the petitioner is entitled to reinstatement with continuity of service and back wages after her caste certificate was validated as belonging to Special Backward Class, subsequent to initial invalidation as Scheduled Tribe and termination of services.
Final Decision
The court allowed the writ petition, quashed the termination order dated 20 July 2012, and directed the respondents to reinstate the petitioner with continuity of service but without back wages. The petitioner was not entitled to back wages as she had not worked during the intervening period.
Law Points
- Reinstatement upon validation of caste certificate
- Termination based on invalidated caste certificate
- Caste claim change from Scheduled Tribe to Special Backward Class
Case Details
2016 LawText (BOM) (04) 30
Writ Petition No. 4641 of 2014
Anoop V. Mohta, A. A. Sayed
Mr. R.K. Mendadkar with Mr. C.K. Bhangoji for the petitioner; Mr. C. P. Yadav, AGP for respondents 1 and 2
State of Maharashtra through its Secretary, Social Welfare Department; Directorate of Ayurved, Maharashtra State; Dean, M. A. Poddar Hospital
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Nature of Litigation
Writ petition seeking reinstatement with continuity of service and back wages after caste certificate was validated as Special Backward Class following initial invalidation as Scheduled Tribe.
Remedy Sought
Petitioner sought quashing of termination order dated 20 July 2012 and reinstatement with continuity of service and back wages.
Filing Reason
Petitioner's services were terminated on 20 July 2012 after her Scheduled Tribe caste certificate was invalidated by the Scrutiny Committee on 13 June 2012. Subsequently, her caste certificate was validated as Special Backward Class on 25 March 2014.
Previous Decisions
Earlier writ petition filed by petitioner against Scrutiny Committee's order was disposed of directing the Divisional Caste Certificate Scrutiny Committee to decide her caste claim as Koli, Special Backward Class. The committee validated her certificate on 25 March 2014.
Issues
Whether the petitioner is entitled to reinstatement with continuity of service after her caste certificate was validated as Special Backward Class?
Whether the petitioner is entitled to back wages for the period she did not work?
Submissions/Arguments
Petitioner argued that once the caste validity certificate was granted, the termination order based on the invalidated certificate cannot stand, relying on Kavita Solunke and Arun Sonone.
Respondent resisted relying on affidavit and circulars, but did not dispute the validation of the caste certificate.
Ratio Decidendi
Once a caste validity certificate is granted, the termination order based on the earlier invalidation of the caste certificate cannot stand. The employee is entitled to reinstatement with continuity of service, but back wages may be denied if the employee did not actually work during the period of termination.
Judgment Excerpts
We, therefore, find that the decision of the Division Bench of this Court in the case of Pradip Koli to the extent it holds in para 26 that 'the case of A.P. Ramtekar does not notice that the decision in the case of Kavita Solunke is confined to those who were claiming to be Halbas and therefore, it is...'
In the present case, the petitioner has already been granted caste validity certificate as belonging to Koli, Special Backward Class. Therefore, the order of termination based on the invalidated caste certificate cannot stand.
Procedural History
Petitioner appointed as Nurse on 20 September 1997 under ST category. Caste certificate referred for verification; invalidated on 13 June 2012. Services terminated on 20 July 2012. Petitioner filed writ petition; court directed scrutiny committee to decide claim as SBC. On 25 March 2014, committee validated certificate as Koli, SBC. Petitioner then filed present writ petition seeking reinstatement. Heard on 12 April 2016 and allowed.
Acts & Sections
