Nalini Wd/O Shravan Jivtode vs The Vice-Chairman/Member Sec. ...
2022 Latest Caselaw 7298 Bom

29-WP-2966-20                                                            1/5


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR.

                    WRIT PETITION NO.2966 OF 2020


Nalini wd/o Shravan Jivtode,
Aged about 50 year,
Occupation : Household,
R/o Nutan Co-operative Housing
Society Limited, A-wing, 3rd Floor,
Room No.20, Hanuman Nagar,
Katemanivali, Kalyan (East),
District : Thane 421306                                  ...Petitioner

-vs-

1. The Vice-Chairman/Member/Secretary,
   Scheduled Tribe Caste Certificate Scrutiny
   Committee, Gadchiroli

2. The Deputy Superintendent of Garden (Z-III),
   Office situated at K/East Ward,
   Office 4th Floor, Garden Department,
   Azad Road, Gundavali, Andheri (East),
   Mumbai 400 069                                     ... Respondents


Ms Preeti Rane, Advocate for petitioner.
Shri D. P. Thakare, Additional Government Pleader for respondent No. 1
Shri D. M. Surjuse, Advocate for respondent No.2.


                CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : July 28, 2022

Oral Judgment : (Per : A. S. Chandurkar, J.)

Rule. Rule made returnable forthwith and heard the

learned counsel for the parties.

The husband of the petitioner was employed as a Labour

with the respondent No.2-Municipal Corporation, Mumbai in its 29-WP-2966-20 2/5

Garden Department. He was appointed on 31/10/1996 and he was

subsequently promoted on 28/10/1999 to the post of Mali. On

12/09/2002 the employer forwarded the proposal of the tribe-claim of

the petitioner's husband for verification to the Scrutiny Committee

since it was his claim that he belonged to 'Mana' (Scheduled Tribe).

Accordingly process was undertaken but the matter did not progress.

Ultimately on 15/01/2019 a fresh proposal was forwarded to the

Scrutiny Committee for verification. When this proposal was pending,

the petitioner's husband expired on 09/04/2019. Consequently, the

Scrutiny Committee which had commenced the vigilance enquiry

dropped the said proceedings on account of death of the original

claimant. Since no validity certificate was produced before the

employer, it refused to release the pensionary benefits including the

amount of family pension. This was informed to the petitioner on

04/02/2020 and hence being aggrieved, the petitioner has filed the

present writ petition.

It is prayed that the proceedings pending before the

Scrutiny Committee be directed to be re-opened for being determined

in the light of grant of validity certificate to various blood relatives.

The petitioner also seeks a direction for release of retiral benefits.

29-WP-2966-20 3/5

2. Ms P. Rane, the learned counsel for the petitioner submitted

that the process for validation had been undertaken but the same could

not be completed for no fault of the petitioner. While the vigilance

enquiry was being conducted, the claimant had expired. However,

there were validity certificates granted to various blood relatives and

hence the petitioner's deceased husband could also be declared to

belong to 'Mana' Scheduled Tribe. In that regard attention is invited to

the family-tree and the fact that the nephew of the petitioner's

husband, Krunal was issued validity certificate on 28/01/2013.

Similarly his nieces were also issued similar validity certificates on

17/10/2005, 31/10/2006 and 02/11/2006. In the information about

the family collected by the Vigilance Cell while verifying the tribe-claim

of Krunal Suryakant Jivtode, the name of the petitioner's husband-

Shravan was also mentioned. It was thus clear that there was no

dispute with regard to the relationship of the petitioner's husband with

those who had been issued validity certificates. Placing reliance on

the decisions in Sunita w/o Late Pradip Thakar vs. State of

Maharashtra and ors. 2022(1) Mh.L.J. 219 and in Writ Petition

No.11673/2019 (Gayatri w/o Late Ganesh Vitthal Thakur vs. the State

of Maharashtra and ors.) dated 29/09/2021 to submit that appropriate

directions be issued upholding the tribe-claim of the petitioner's

husband of belonging to 'Mana' (Scheduled Tribe) so as to facilitate 29-WP-2966-20 4/5

release of retiral benefits.

3. Shri D. P. Thakare, learned Additional Government Pleader

for the respondent No.1 submitted that the validation proceedings

could not be completed on account of death of the claimant. He

however did not raise any dispute with regard to issuance of validity

certificates to various blood relatives.

Shri D. M. Surjuse, the learned counsel for respondent No.2

referred to the Government Resolution dated 25/05/2021 to submit

that in absence of validity certificate only the amount of provident fund

could be released. The other benefits could be released only if the

concerned employee had a validity certificate.

4. Having considered the submissions of the learned counsel

for the parties, it becomes clear that during the process of verification

of the petitioner's husband's tribe-claim, he expired. In the vigilance

enquiry a statement of his brother Suryakant was recorded. If the

vigilance enquiry report prepared by the Vigilance Cell while verifying

the tribe-claim of the petitioner's husband's nephew-Krunal is perused,

the same indicates that said Suryakant is the father of Krunal and the

brother of the deceased. The relationship inter-se is thus established.

In addition there are three more validity certificates issued in the larger 29-WP-2966-20 5/5

family of the deceased husband. It is thus clear that the petitioner

would be entitled to rely upon these validity certificates for claiming

similar benefit in favour of her deceased husband. Thus by following

the law laid down in Apoorva V. Nichale vs. Divisional Caste Certificate

Scrutiny Committee No.1 and ors. 2010 (6) Mh.L.J. 401, it becomes

clear that the petitioner's deceased husband would be entitled to be

declared as belonging to 'Mana' (Scheduled Tribe) as validity

certificate has been issued by the Scrutiny Committee to his nephew.

5. Accordingly it is held that the deceased Shravan Narayan

Jivtode belonged to 'Mana' (Scheduled Tribe) and the petitioner as his

legally wedded wife would be entitled to receive the retiral benefits.

Consequently the respondent No.2 shall release all retiral benefits of

the deceased Shravan in favour of the petitioner in accordance with

law if there is no other legal impediment within a period of eight

weeks from receipt of copy of this judgment.

Rule is made absolute in aforesaid terms with no order as to

costs.

                                (Urmila Joshi-Phalke, J.)          (A. S. Chandurkar, J.)



Digitally signed byASMITA
ADWAIT BHANDAKKAR    Asmita
Signing Date:30.07.2022
14:11:20