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2006 Supreme(SC) 60

ARIJIT PASAYAT, S.H.KAPADIA
LIC of India – Appellant
Versus
Sushil – Respondent


JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court, Nagpur Bench, Nagpur. The respondent had secured employment in the Life Insurance Corporation of India (hereinafter referred to as the ‘LIC’) the appellant in this appeal on the basis that he belongs to Scheduled Tribe. Undisputedly, his caste was recorded as Halba. Committee for Scrutiny and Verification of Tribe Claims, Amaravati vide its order dated 30.4.2004 held that respondent’s claim of belonging to Scheduled Tribe was wrong, unfounded and was a fraudulent claim. The order was questioned by respondent before the High Court by filing a writ petition. Before the High Court, learned counsel for the writ petitioner submitted that the writ petitioner was willing to file an undertaking to the effect that he will not claim any benefit on the basis of his case as Halba either in his service or anywhere else at any time for himself as well as for his legal heirs. With reference to a judgment of this Court in State of Maharashtra v. Milind and Ors. (2001(1) SCC 4), the High Court held that in view of the undertaking the writ petitioner’s services we











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