JUDGMENT

A.M. KHANWILKAR, J.

This appeal challenges the judgment of the Division Bench of the High Court of Judicature at Bombay in Writ Petition No. 7101 of 2005 dated 8th February 2012. The High Court reversed the decision of the Central Administrative Tribunal, Bombay Bench at Mumbai in OA No. 419 of 2004, dated 3rd March, 2005. The Tribunal had allowed the original application filed by the appellant whilst setting aside the termination order dated 8th June, 2004 and instead had directed the respondents to re-instate the appellant in service.

2. Briefly stated, the appellant was appointed as “Chemical Examiner Grade–I” in the Customs and Central Excise Department in the pay scale of Rs. 3000-100-3500-125-4500, vide appointment letter dated 16th June, 1995, subject to fulfilling terms and conditions mentioned herein. As the appellant was appointed against the vacancy reserved for Scheduled Tribe, Condition (vii) of the said Appointment Letter is of some relevance. It reads thus:-

“(vii). In case you belong to Scheduled Caste/Tribe, the appointment is provisional and is subject to verification of Scheduled Caste/Tribe certificate through proper channels and if on verification, your c