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2020 Supreme(SC) 776

D.Y.CHANDRACHUD, K M JOSEPH
Chief Regional Officer The Oriental Insurance Co Ltd – Appellant
Versus
Pradip – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dinesh Mathur, Adv. Ms. Priyanka Bharti, Adv. Ms. Jyotika Thakur, Adv. Mr. Kaushik Poddar, AOR
For the Respondent: Mr. Soumya Chakraborty, Sr. Adv. Mr. Shailesh Narnaware, Adv. Mr. Nishit Shah, Adv. Mr. Rahul Sharma, AOR

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J

1. Delay condoned.

2. Leave granted.

3. The first respondent was appointed as an Assistant by the appellant on the basis of a claim that he belonged to a Scheduled Tribe, namely, the Dhangad community. As the record shows, he belongs to the Dhangar community (a nomadic tribe) and not to the Dhangad community (listed as a Scheduled Tribe for Maharashtra). The first respondent claimed the benefit of belonging to a Schedule Tribe on the basis of a caste certificate dated 17 August 1984 issued by the Executive Magistrate, Hingna. The appellant called upon the first respondent to submit the caste certificate by a letter dated 15 February 2011. The appellant then addressed a communication on 14 July 2011 to the issuing authority which, by a communication dated 9 May 2014, informed the appellant that the caste certificate was not registered in its records. In August 2014, the first respondent was called upon to submit a fresh caste certificate. The first respondent did not submit a fresh caste certificate, but approached the issuing authority and then submitted a letter dated 14 August 2014 to the appellant whereby the issuing authority had stated that t

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