JUDGMENT :

M.S. Sonak, J.

1. Heard Mr. Sachin Khate for the Petitioners in both these Petitions and Mr. Y.V. Nadkarni for the Respondents.

2. The learned Counsel for the parties states that common issues of law and fact arise in both these Petitions and, therefore, both these Petfitions can be disposed of by a common Judgment and Order by treating Writ Petition No.235/2021 as the lead Petition. Mr. Y.V. Nadkarni pointed out that there may be some differences in the dates of appointment, superannuation, etc. However, he submitted that such differences do not render the material facts in both the Petitions significantly different. Based on these submissions, we proceed to dispose of both these Petitions by a common Judgment and Order by treating Writ Petition No.235/2021 as the lead Petition.

3. The challenge in this lead Petition is basically to the impugned order dated 18/11/2020, by which the Respondents have imposed a penalty of permanent withdrawal of full pension sanctioned to the Petitioner on his retirement from services of the Mormugao Port Trust (MPT), as Assistant Materials Manager, with effect from 31/8/2015. The impugned order, however, provides that there would be no recovery of any amount, including the pension already paid to the Petitioner till the date of issue of the impugned order dated 18/11/2020. This impugned order, stopping payment of pension to the Petitioner, was made in disciplinary proceedings initiated against the Petitioner almost 3 years after the date of the Petitioner's retirement on superannuation with effect from 31/8/2015.

4. The Petitioner was appointed as Hospital Assistant by the MPT on 10/6/1976 against a post reserved for the Scheduled Tribe category (Halba Caste). This was based on the Caste Certificate issued by the competent authorities at the relevant time. The Petitioner was promoted from time to time and the last of such promotions promoted the Petitioner to the post of Assistant Materials Manager Grade II.

5. On 3/3/2015, the Caste Scrutiny Committee at Nagpur, invalidated the Caste Certificate issued to the Petitioner, holding that the Petitioner did not belong to the Halba Caste. The order dated 3/3/2015, issued by the Caste Scrutiny Committee, however, did not record any finding of any fraud or misrepresentation practiced by the Petitioner.

6. The Petitioner instituted Writ Petition No.1809/2015 before the Nagpur Bench, in which Rule was issued on 26/11/2015, and by way of an ad-interim order, the services of the Petitioner were protected.

7. By order dated 8/6/2016, Writ Petition No.1809/2015, instituted by the Petitioner, was partly allowed, subject to the Petitioner filing an undertaking with the Registry, the Respondents, and the Scrutiny Committee that neither he nor his progeny shall claim any benefit of or status as a person belonging to Halba (Scheduled Tribe), the Petitioner's services shall remain protected. Further, it was directed that if such an undertaking is filed by the Petitioner within 3 weeks, the employer shall arrange to release all retiral benefits in favour of the Petitioner within the next three months.

8. The operative portion of the Order dated 8/6/2016, disposing of Writ Petition No.1809/2015, reads as follows :

“We find that the judgment of the Full Bench of this Court in the case of Arun Vishwanath Sonone vs. State of Maharashtra and ors., reported at 2015(1) Mh.L.J. 457 is very clear in this respect. The petitioner has joined employment way back in the year 1976 and the Scrutiny Committee did not hold the petitioner guilty of practising any fraud or of tampering with any record for the purposes of procuring either caste certificate or the employment. In this situation, the petitioner is entitled to grant of protection in employment in terms of the Full Bench Judgment of this Court mentioned supra. Accordingly, subject to petitioner filing an undertaking with the Registry of this Court, with his employer, and with the Scrutiny Committee that neither he nor his