Judgment

Arijit Pasayat, J.—Appellants call in question legality of the judgment rendered by a Division Bench of the Bombay High Court holding that the respondent No. 1 (hereinafter referred to as the ‘employee’) was to be reinstated in the post in which he was appointed with continuity of service with back wages. It was further held that he was not entitled to promotion as he did not belong to Scheduled Tribe.

2. The background facts sans unnecessary details are as follows:

The respondent joined the services of the appellant No.1-Bank on 15.10.1976 under the reserved category of Scheduled Tribe. He was on probation for a period of six months and thereafter his services came to be confirmed. In 1984 he was promoted in the reserved category to the post of Junior Management Scale I. He was asked to submit fresh caste certificate in the revised form as he was promoted in the reserved category. His caste certificate was referred to the Committee For Scrutiny And Verification of Tribe Claims, Pune Division, Pune (in short the ‘Scrutiny Committee’) for verification on 13th June, 1987. The Scrutiny Committee invalidated the caste certificate by order dated 18th July, 1987. The same was chall