Judgment

D.K. Jain, J. —

Leave granted.

2.This appeal, by special leave, has been preferred by the Central Bank of India, a public sector undertaking, against the Judgment and Order dated 6th April, 2005, passed by the High Court of Judicature at Bombay, Nagpur Bench, in Writ Petition No.2558 of 2003. By the impugned Judgment, the writ petition filed by the first respondent, hereinafter referred to as ‘the employee’, challenging the Order of termination of her services has been allowed with a direction to reinstate her with continuity in service but without back-wages.

3.The employee was appointed to the post of Clerk in the appellant-Bank with effect from 18th March, 1981, against a post reserved for “Scheduled Tribes”, as she had claimed to be belonging to “Thakur Scheduled Tribe”, on the basis of a caste certificate issued on 4th December, 1979. In March, 1991, she was promoted as Junior Officer. It appears that pursuant to the instructions issued by the Government of India, Ministry of Finance, Department of Economic Affairs on 23rd March, 1990, directing all the public sector banks/financial institutions to get the caste certificates of the existing employees, belonging to various