Bombay High Court
Satish Pralhadrao Raikwar vs The Scheduled Tribes Caste Certificate ... on 13 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17189-DB
4.wp.1460.2018 judge.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1460 OF 2018
Satish Pralhadrao Raikwar,
Aged about : 54 yrs. Occ. Service as Clerk
in the Industrial Court, Amravati,
R/o. Rathi Nagar, Amravati .... PETITIONER
// V E R S U S //
1. The Scheduled Tribes Caste Certificate
Scrutiny Committee,
Through its Member Secretary,
Chaprasipura, Amravati
2. The President,
Industrial Court, Administrative Building,
Bandra (East), Mumbai 400 051
3. The Head Copyist,
Office of Naib Tahsildar, Achalpur,
Distt. Amravati ... RESPONDENTS
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Mr. P. R Parsodkar, Advocate for the petitioner
Ms Tajwar Khan, AGP for respondent Nos.
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CORAM : SMT ANUJA PRABHUDESSAI AND
MRS VRUSHALI V. JOSHI, JJ.
DATE : DECEMBER 13, 2023.
ORAL JUDGMENT: (PER : SMT ANUJA PRABHUDESSAI, J.)
1 Heard.
2 At the outset learned counsel for the petitioner seeks
4.wp.1460.2018 judge.odt
leave to correct the typographical error in prayer clause (1) by
substituting 'respondent No. 3' with 'respondent No. 1'. Leave
granted. Amendment be carried out forthwith.
3 RULE. Rule made returnable forthwith. Heard finally
with the consent of learned counsel for the respective parties.
4 The petitioner has challenged the legality of the order
dated 23.01.2018 passed by the respondent No.1-Scrutiny
Committee, Amravati in Case No. 5.ST/2013/1140, invalidating
the caste claim of the petitioner as Halbi Scheduled Tribe. The
petitioner has further sought directions against respondent No.2 to
release the entire retiral benefits to the petitioner i.e. leave
encashment, gratuity, commutation and regular pension.
5 Learned counsel for the petitioner states that petitioner
does not press for prayer clause (1) and that he restricts his relief
only to the prayer clause 1(a), which relates to release of retiral
benefits. Learned counsel for the petitioner submits that the present
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case is fully covered by the Judgment dated 29.09.2023 in Writ
Petition No. 248 of 2020 (Shamrao Shrawanji Nikhare (dead)
through Legal Heirs .v/s. Scheduled Tribe Caste Certificate Scrutiny
Committee and another). Learned AGP does not dispute the said
fact.
6 In the aforesaid decision, relying upon the Government
Notification dated 14.12.2022, this Court had held that the
deceased employee had completed 10 years of service and he is
entitled to family pension and he cannot be deprived from getting
retiral benefits solely on the ground that his caste claim was
invalidated.
7 In the instant case the petitioner had completed about
38 years of service. The Government Notification dated
14.12.2022 and the policy decision stipulates that Government
employees, whose caste claim is invalidated, cannot be deprived
from getting retirement benefits. In view of Government
Notification dated 14.12.2020 and also considering the decision in
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Writ Petition No. 248 of 2020, the petition is allowed in terms of
prayer clause 1(a).
8 The respondent No. 2 shall release the retiral benefits
in favour of the petitioner within a period of eight weeks from the
date of receipt of copy of this judgment.
9 Rule is made absolute in the above terms. The writ
petition stands disposed of, accordingly.
(VRUSHALI V. JOSHI, J.) (ANUJA PRABHUDESSAI, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 15/12/2023 10:52:38
