IMPORTANT POINT
Courts should maintain consistency in judgments.

JUDGMENT :

Kurian, J.

Leave granted.

2. The appellants have been in the service of respondent/Reserve Bank of India for about two decades or more and majority of them are in the fag end of their service. We are informed that some of them have even superannuated. The appellants are before this Court, aggrieved by the judgment dated 13.04.2018 whereby the Division Bench of the High Court has issued a direction to terminate them from service and also to recover all the benefits they have earned in service. Such an order was passed on the basis that none of the appellants belong to the Scheduled Tribe category whereas their initial appointment was on that basis.

3. This litigation has a little other background. In Writ Petition No.1512 of 2004 before the same High Court at the same Nagpur Bench had occasion to deal with the same issue. It appears, the writ petitioners in all the matters taking note of the efflux of time of were not inclined to go for a verification of the caste status, bereft of any supporting materials in view of the lapse of long years.

4. At paragraph 18 of the common judgment dated 01.11.2012 it has been hence held as follows:-

“18. ...It is declared that the petitioners would be entitled to protection of their appointments. It is further declared that if any benefits are granted after 28.11.2000 on the basis that they belong to Scheduled Tribes, the respondent Authorities are at liberty to withdraw the said benefits and restore the position as on 28.11.2000. The respondents to take further necessary steps in accordance therewith.”

5. Based on the judgment referred to above, the Reserve Bank of India issued a comprehensive circular on 01.07.2013. The relevant paragraphs of the circular read as follows:-

“As you are aware, the issues relating to verification of Caste Certificate and its validation, non-submission of documents for verification of the caste/tribe claims by the concerned employees have been persisting for a long time and have been matter of concern for the Bank. With a view to resolving the problem, the entire gamut of the issues related to scrutiny of Caste Certificate etc. has been reviewed and it has been decided to take action as under:

A. The services of the employees belonging to Halba, halba Koshti/Koshti caste/community, who were appointment against vacancies reserved for the Scheduled Tribe and who have been confirmed in the services of the Bank before November 28, 2000, may be protected. Such employees, thereafter, will be treated as employees belonging to General Category, with the following conditions.

(i) The employee concerned would give an undertaking to the effect that he/she would give up their claim as belonging to Scheduled Tribes and would not seek any benefits in support of their claim subsequently.

(ii) No benefit will accrue to them on the basis of reservation after the aforesaid date i.e. November 28, 2000.

(iii) The above decision is subject to outcome of the Writ Petition No.1562 of 2004 filed before the High Court of Judicature at Bombay Bench at Nagpur.

The undertaking as mentioned at (i) above shall be obtained from employees concerned before issuing the office order protecting their services in the Bank.

B. The services of other employees belonging to Scheduled Tribe appointed against vacancies reserved for Scheduled Tribe and, who have not submitted their Caste Certificate for verification/validation and/or their Caste Certificate has been invalidated etc. and have been confirmed in the services of the Bank before November 28, 2000 may also be protected. Such employees, thereafter, may be treated as belonging to General Category on the conditions indicated against A(i) to (iii) on pre page.”

6. The High Court has unfortunately missed to take note of this circular while passing the impugned judgment. It is also significant to note the prayers in the writ petition leading to the impugned judgment. Prayers (a) to (f) read as follows:-

“(a) by an appropriate writ, order and/or direction