Case Note & Summary
The petitioner, Dnyaneshwar Uttamrao Ghagare, was born in 1972 and obtained a caste certificate in 1991 from the Executive Magistrate certifying that he belongs to the 'Mahadeo Koli' Scheduled Tribe. Based on this certificate, he secured employment as an Assistant Teacher with the Zilla Parishad, Buldhana, and was appointed on 30 June 1995. His caste claim was referred to the Scheduled Tribe Certificate Scrutiny Committee, which invalidated the claim on 18 May 2016 on the ground that the petitioner could not prove his tribal status through documents and the affinity test. However, prior to this invalidation, the Zilla Parishad had already terminated his services on 26 March 2007. The petitioner challenged the termination order and sought reinstatement and protection of his service, relying on the Full Bench judgment of the Bombay High Court in Arun s/o Vishwanath Sonone v. State of Maharashtra and others, reported in 2015(1) Mh.L.J. 457. The petitioner's counsel argued that the case was covered by the Full Bench decision because the petitioner was appointed before the cut-off date of 28 November 2000, and the Scrutiny Committee's order did not contain any observation about fraud being practiced by the petitioner. The learned Assistant Government Pleader for the Scrutiny Committee did not dispute the legal position laid down by the Full Bench and fairly admitted that the petitioner was appointed before the cut-off date. The court, after hearing both sides, allowed the petition. It held that the petitioner was entitled to reinstatement with continuity of service but without back wages, as per the Full Bench decision. The court directed the respondent no.1 Zilla Parishad to reinstate the petitioner within four weeks from the date of the order. The rule was made absolute accordingly.
Headnote
A) Service Law - Caste Certificate - Invalidation - Protection of Service - Petitioner appointed as Assistant Teacher on 30-06-1995 based on caste certificate showing 'Mahadeo Koli' (Scheduled Tribe) - Caste claim invalidated by Scrutiny Committee on 18-05-2016 - Termination order dated 26-03-2007 - Following Full Bench decision in Arun Sonone v. State of Maharashtra, 2015(1) Mh.L.J. 457 - Held that since petitioner was appointed before cut-off date of 28-11-2000 and there was no finding of fraud, he is entitled to reinstatement with continuity of service but without back wages (Paras 2-6).
Issue of Consideration
Whether the petitioner is entitled to reinstatement and protection of service after his caste claim was invalidated, given his appointment before the cut-off date of 28-11-2000 and absence of fraud.
Final Decision
The petition is allowed. The impugned order of termination dated 26-03-2007 is quashed and set aside. The respondent no.1 Zilla Parishad is directed to reinstate the petitioner within four weeks from the date of the order. The petitioner is entitled to continuity of service but not back wages. Rule is made absolute.
Law Points
- Protection of service upon invalidation of caste claim if appointment before cut-off date (28-11-2000) and no fraud found
- Reinstatement with continuity of service but without back wages
- Full Bench decision in Arun Sonone v. State of Maharashtra
