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2019 DIGILAW 51 (SC)

Surekha v. State Of Maharashtra

2019-01-04

D.Y.CHANDRACHUD, HEMANT GUPTA

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ORDER 1. Leave granted. 2. By the impugned order of the High Court, the Scrutiny Committee has been directed to verify the claim of the appellant of belonging to the Halbi Scheduled Tribe. While issuing that direction, the High Court has come to the conclusion that the verification which was carried out by the Scrutiny Committee suffered from deficiencies. However, while issuing the order of remand, the High Court has made the following directions: "16] Though we continue interim order granted by this Court on 22/08/2002 till Scrutiny Committee passes final orders in the matter, petitioner shall file an undertaking before respondent no. 1/State and respondent no. 2/Deputy Director promising to return back the amount of salary paid to her if it is found that she is not entitled to validity. The salary to be paid to her from 01/08/2018 onwards shall be 90% of regular monthly salary and if her caste claim is validated, balance 10% shall be paid to her immediately by the respondents. If the caste claim is invalidated in view of the undertaking given by her, she shall refund that 90% i.e. portion earned by her from 01/08/2018 onwards till passing of final orders of Scrutiny Committee." 3. Notice was issued on 16 November, 2018 confined to the correctness of the directions which have been issued in Paragraph 16 of the impugned judgment, extracted above. 4. Since the claim of the appellant is still to be verified by the Scrutiny Committee and admittedly the appellant is in service, it was in our view not appropriate to issue the above directions as the High Court did in Paragraph 16 of its impugned judgment. 5. In the event the caste claim of the appellant is not found to be substantiated in the ultimate analysis, necessary consequences, as per law, will have to ensue. 6. In that view of the matter, at the present stage, we delete the directions that are contained in Paragraph 16 of the impugned judgment though with the clarification that the consequences, if any, that will result, in the event of the invalidation of the caste claim, shall be governed by the applicable provisions of law or such directions as may be issued by the competent forum or authority 7. The appellant has fairly stated before the Court that she will cooperate with the Scrutiny Committee for the expeditious disposal of the claim. The appellant has fairly stated before the Court that she will cooperate with the Scrutiny Committee for the expeditious disposal of the claim. The Scrutiny Committee shall do so in four months. 8. The appeal is accordingly disposed of. No costs.