Case Note & Summary
The petitioner, Archana Bayaskar, was appointed as an Assistant Teacher with the Zilla Parishad on 26 September 1992, claiming to belong to the Thakur Scheduled Tribe. On 5 October 2000, her services were terminated by the Chief Executive Officer on the ground that she had failed to produce a caste validity certificate. The petitioner challenged the termination by way of a writ petition. The court noted that the petitioner's appointment was prior to the judgment of the Supreme Court in State of Maharashtra vs. Milind (2001) and relied on the Full Bench decision of the Bombay High Court in Arun Sonone vs. State of Maharashtra (2015) which held that employees appointed before the Milind judgment are entitled to protection of service even if their caste claim is later invalidated. The court found that the petitioner's appointment was made on 26 September 1992, which is prior to the Milind judgment, and therefore she was entitled to protection. The court set aside the termination order and directed the respondents to reinstate the petitioner with continuity of service and 50% back wages. The writ petition was allowed accordingly.
Headnote
A) Service Law - Scheduled Tribe Caste Validity - Protection of Service - Termination for lack of caste validity - Petitioner appointed as Assistant Teacher on 26-09-1992 claiming Thakur Scheduled Tribe status - Services terminated on 05-10-2000 for failure to produce caste validity - Court held that since appointment was prior to the judgment in State of Maharashtra vs. Milind (2001), petitioner is entitled to protection in service as per Full Bench decision in Arun Sonone vs. State of Maharashtra (2015) - Termination set aside and petitioner directed to be reinstated with continuity of service and 50% back wages (Paras 3-8).
Issue of Consideration
Whether an employee appointed prior to the judgment in State of Maharashtra vs. Milind is entitled to protection of service despite invalidation of her caste claim.
Final Decision
Writ petition allowed. The order of termination dated 05-10-2000 is quashed and set aside. Respondents are directed to reinstate the petitioner with continuity of service and 50% back wages.
Law Points
- Protection of service for employees appointed prior to the judgment in State of Maharashtra vs. Milind
- Full Bench decision in Arun Sonone vs. State of Maharashtra
- Termination for lack of caste validity set aside
