Kailash vs Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Office At Adiwasi Bhawan, Giripeth, Nagpur And Others

Nivedita P. Mehta, J

Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

The petitioner has filed the present petition inter alia seeking the following reliefs :

"(i) Quash and set aside the order dated 16th January, 2016 passed by Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur in proceedings No.JC/TCSC/SER/MPSC/ NGP/268 (Annexure-H) and declare that the petitioner belongs to Halba Scheduled Tribe;

(ii) Pending disposal of the instant petition stay the effect, operation and execution of the impugned order dated 16th January, 2016 passed by respondent No.1 Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur (Annexure-H) and also restrain the respondent No. 2 from terminating the services of the petitioner as Drug Inspector;

(iii) Service of the petitioner may kindly be protected in terms of the Hon'ble Apex Court's judgment in the case of State of Maharashtra vs. Milind Katware, report in (2001) 1 SCC 4 as well as per Full Bench judgment of this Hon'ble Court in the matter of Arun Sonawane vs. State of Maharashtra, reported in 2015(1) Mh.L.J. 457;

(iii-a) Direct the respondents to continue and protect the pensionary and retiral benefits of the petitioner, notwithstanding the invalidation of his tribe claim, in terms of the policy decision and Government Resolution dated 15-12-2022 issued by the Government of Maharashtra;

(iv) Grant any other relief, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

At the outset, learned counsel for the petitioner submits that he does not press prayer clauses (i) and (ii) of the petition. He confines his challenge to prayer clause (iii) and the consequential relief pertaining to protection of pensionary and retiral benefits. In support of his submission, he places reliance upon the judgment of this Court in Writ Petition No.1917 of 2018, wherein, in similar circumstances, relief was granted by taking into consideration the policy decision of the State Government embodied in the Government Resolution dated 15.12.2022, whereby it was resolved that government employees would not be deprived of their pensionary and retiral benefits merely on account of invalidation of their caste/tribe claims. Learned Assistant Government Pleader fairly does not dispute the aforesaid position.

Having considered the submissions advanced on behalf of the parties and upon perusal of the material placed on record, we are of the view that the petitioner is entitled to the limited relief sought in the petition regarding protection of his pensionary and retiral benefits in terms of the Government Resolution dated 15.12.2022.

Accordingly, we pass the following order:

(i) The petition is partly allowed in terms of prayer clause (iii) and the consequential relief relating to protection of pensionary and retiral benefits.

(ii) It is not in dispute that respondent No.2 has already released the retiral benefits payable to the petitioner and that the petitioner is receiving regular pension. The respondents shall continue to extend such pensionary and retiral benefits to the petitioner in accordance with law and the same shall not be withheld, discontinued or adversely affected solely on account of the invalidation of his tribe claim.

Rule is made absolute in the aforesaid terms. There shall be no order as to costs.