Case Note & Summary
The petitioners, Raju Shankarrao Dhakate and Randeep Madhukar Dhakate, were appointed by the Bhandara Urban Cooperative Bank Ltd. on 30-03-2000 on probation for three months. The appointment order contained a condition (Clause 5) requiring them to submit a caste validity certificate before completion of probation, failing which their services would be terminated without assigning any reason. Their caste claims were invalidated by the Scrutiny Committee on 21-10-2002. They challenged the invalidation in Writ Petition Nos.661 and 662 of 2003, which were dismissed on 24-04-2003 and 18-07-2003 respectively. Consequently, their services were terminated on 31-07-2003. The petitioners later sought reinstatement relying on the Full Bench judgment of the Bombay High Court in Arun Sonone vs State of Maharashtra (2015(1) Mh.L.J. 457). The court held that the Full Bench judgment does not apply to the petitioners' case because their termination occurred prior to that judgment and they had already exhausted their remedies against the invalidation. The court dismissed the writ petition, finding no merit in the claim for reinstatement.
Headnote
A) Service Law - Caste Claim Invalidation - Termination - Reinstatement - Petitioners' services were terminated on 31-07-2003 after their caste claims were invalidated on 21-10-2002, and the challenge to invalidation failed in 2003 - The appointment order contained a condition to produce caste validity certificate within probation period - The Full Bench judgment in Arun Sonone (2015) does not apply as the termination was prior to that judgment and the petitioners had already exhausted remedies - Held that the petitioners are not entitled to reinstatement (Paras 2-6).
Issue of Consideration
Whether the petitioners are entitled to reinstatement in service after their caste claims were invalidated and their services were terminated, in light of the Full Bench judgment of this Court in Arun Sonone vs State of Maharashtra.
Final Decision
Writ Petition dismissed. No order as to costs.
Law Points
- Reinstatement not automatic upon invalidation of caste claim
- Termination valid if appointment order contains condition to produce caste validity certificate within probation period
- Full Bench judgment in Arun Sonone case does not apply to cases where termination was prior to that judgment
Case Details
2017 LawText (BOM) (01) 133
Writ Petition No.2158 of 2016
B.P. Dharmadhikari, Mrs. Swapna Joshi
Shri S.R. Narnaware for petitioners, Shri N.L. Jaiswal for respondent no.1, Mrs. K.S. Joshi, AGP for respondent no.2
Raju Shankarrao Dhakate and Randeep Madhukar Dhakate
Chief Executive Officer, the Bhandara Urban Cooperative Bank Ltd. and The District Deputy Registrar, Cooperative Societies, Bhandara
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Nature of Litigation
Writ petition seeking reinstatement in service after termination due to invalidation of caste claim.
Remedy Sought
Reinstatement in service with continuity and back wages.
Filing Reason
Termination of services on 31-07-2003 after caste claims were invalidated.
Previous Decisions
Caste claims invalidated on 21-10-2002; challenge dismissed on 24-04-2003 and 18-07-2003 in Writ Petition Nos.661 and 662 of 2003.
Issues
Whether the petitioners are entitled to reinstatement in service after their caste claims were invalidated and their services were terminated, in light of the Full Bench judgment of this Court in Arun Sonone vs State of Maharashtra.
Submissions/Arguments
Petitioners argued that they are entitled to reinstatement due to the protection granted by the Full Bench judgment in Arun Sonone case.
Ratio Decidendi
The Full Bench judgment in Arun Sonone does not apply to cases where termination occurred prior to that judgment and where the petitioners had already exhausted their remedies against the invalidation of caste claims. The termination was valid as per the condition in the appointment order.
Judgment Excerpts
The learned Advocate for the petitioners claims reinstatement because of the protection granted to employment by the Full Bench Judgment of this Court in the case of Arun s/o Vishwanath Sonone vs State of Maharashtra and others, reported in 2015(1) Mh.L.J. 457.
The services of the petitioners have been terminated on 31-07-2003, after invalidation of their caste claim.
Both the petitioners were appointed by the identical order of appointment dated 30-03-2000 on probation for period of three months.
Appointment order, vide Clause (5), incorporates a condition that obliges the petitioners to submit caste validity certificate before completion of period of probation.
Clause (5) stipulates that, in default, their service would be terminated without assigning any reason.
Procedural History
Petitioners appointed on 30-03-2000. Caste claims invalidated on 21-10-2002. Challenge to invalidation dismissed on 24-04-2003 and 18-07-2003. Services terminated on 31-07-2003. Writ Petition No.6258 of 2006 filed by petitioner no.1. Present writ petition filed in 2016 seeking reinstatement based on Full Bench judgment of 2015.
