Appointments made under a reserved category that have become final shall not be disturbed even if a subsequent judicial ruling determines the appointee is ineligible for that category, provided no future benefits of that category are granted.

ORDER :

Leave granted.

This appeal is directed against the order passed by the Bombay High Court at Nagpur dated 30.7.2004 whereby Division Bench relying on the decision of this Court in State of Maharashtra vs. Milind and Others reported in 2001 (1) SCC 4, allowed the writ petition and directed that the appellant though belongs to Koshtis community and he has been appointed treating him to be Scheduled Tribe category but because of the decision given by the Apex Court he may be allowed to continue but he will not be entitled to any benefit of being a Scheduled Tribe in future. For convenient disposal of this case few facts may noticed, the appellant was appointed as Warehouse Assistant Grade II on 24.1.1984 and thereafter he was promoted to Grade I. But subsequently by direct recruitment he was appointed to the post of Accountant in Central Warehouse Corporation on 2.2.1996 against recruitment quota reserved for ST candidate. The Appellant claims that though he belongs to a Koshtis, the sub-caste of the Halba Scheduled Tribe. The question came up before the Bombay High Court that whether Koshtis is a sub-caste of Halba or not, this question was decided by the Bombay High Court and it was held that Koshtis is sub-caste of Halba (ST) and every Koshtis may be treated as a Halba (1987 Maharashtra Law Journal 572). This matter came up in special leave petition before this Court and this Court reversed the judgment and took the view that the Koshtis is not a sub-caste of Halba. However, while disposing of that appealtheir Lordhships said in last two lines which reads:

2001 (1) SCC 4

"We make it clear that admissions and appointments that have become final shall remain unaffected by this judgment."

The Constitution Bench made it very clear that those who have been given benefit of being as a koshtis sub-caste of Halba ST category their appointments though bad shall not be disturbed. Thereafter, many matters followed and learned counsel invited our attention to various orders passed by this Court from time to time wherein liberal view had been taken that those who have been given benefits shall not be revoked but they will not be entitled to benefit in future. Similar is the position here also in the present case.

The appellant was appointed as warehouse Assistant Grade II and thereafter on 2.2.1996 as an Accountant in direct recruitment quota reserved for the SC/ST candidates. He is working right from 1984 as an Assistant Grade II of Warehouse but from 2.2.1996 he is working as Accountant against the ST category. Though he should not have been given this benefit because he belongs to Koshtis caste and Koshtis caste is not the sub-tribe caste of Halba, but the fact is that the judgment of Bombay High Court had held the field from 1987 onwards and this was reversed by this Court in 2001, by the Constitution Bench made while many appointments were made on that basis. Therefore, keeping in view the equity in favour of the respondent herein, we are not inclined to interfere with the order passed by the Bombay High Court but we make it clear that respondent shall not be entitled to any future benefit following this judgment and treating him to Koshtis as a sub- tribe of Halba. The appeal is consequently dismissed.

No order as to costs.