Research › Search › Judgment

Bombay High Court · body

2012 DIGILAW 1881 (BOM)

Tarachand s/o. Fukirchand Ninave v. Joint Commissioner & Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee

2012-10-03

B.R.GAVAI, S.A.BOBDE

body2012
JUDGMENT B.R. GAVAI, J. :- Rule. Rule returnable forthwith. Heard finally with the consent ofthe learned Counsel for the parties. 2. The petitioner was appointed as Junior Scientific Assistant by respondent no.3 against the post reserved for Scheduled Tribe since the petitioner claims to belonging to "Halba" (Scheduled Tribe). 3. It is not in dispute that the petitioner's claim of belonging to "Halba" (Scheduled Tribe) has been invalidated. The limited relief claimed in the petition is that since Government of India vide Office Memorandum dated 10/8/2010 has taken a decision to protect the services of employees, who were appointed against the posts reserved for Scheduled Tribe on the basis of their claim of belonging to "Halba" (Scheduled Tribe), if such appointments have become final on or before 28/11/2000, the petitioner's services may be protected. 4. It is not in dispute that the petitioner's appointment was on the basis of his claim of belonging to "Halba" (Scheduled Tribe). It is also not in dispute that the petitioner's appointment has become final prior to 28/11/2000. 5. When a policy decision has been taken by the Central Government, all the Bodies under it are bound to follow the same. In that view of the matter, we find that the petition deserves to be allowed. 6. It is directed that the respondent nos. 2 and 3 shall not disturb the services of the petitioner on the basis of invalidation of his claim of belonging to "Halba" (Scheduled Tribe). It is further directed that the petitioner or any of his progeny shall not be entitled to any of the benefits on the basis of belonging to Scheduled Tribe with effect from 28/11/2000. It is needless to state that if the petitioner has been granted any further benefit after 28/11/2000 on the basis that he belongs to Scheduled Tribe, the respondent Authorities would be at liberty to withdraw the said benefit and restore the position as on 28/11/2000 in accordance with law. 7. Rule is made absolute in the aforesaid terms. No order as to costs. Ordered accordingly.