Pensionary benefits cannot be withheld without statutory adjudication during service; employees are entitled to benefits unless properly invalidated by law.

JUDGMENT :

M. S. JAWALKAR, J.

1. Heard. Rule. Rule is made returnable forthwith. Matter is taken up for final hearing at the stage of admission by consent of the parties and at the request of parties.

2. The Petitioner by this petition is challenging the order dated 29.12.2017 passed by the Respondent No. 1 Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur thereby invalidating the caste claim of the Petitioner to the 'Halba' Scheduled Tribe and further action of Respondent No. 2 of withholding the pension of the Petitioner.

3. It is contended that the Petitioner was appointed on 21.08.1981 as Junior Engineer (Mechanical) in the erstwhile Maharashtra Water Supply and Sewerage Board, now Maharashtra Jeevan Pradhikaran (Respondent No.2). The Petitioner has completed his education of Diploma in Mechanical Engineer from Government Polytechnic, Khamgaon and Government Polytechnic, Nagpur. The Petitioner was promoted as Deputy Engineer vide order dt. 16.05.1994. During the course of his service nowhere is quoted to be appointed or promoted under the reserved category i.e. Scheduled Tribe. Despite such a situation, by a letter dated 11.05.2012, the Respondent No.2 called upon the Petitioner to submit his caste certificate and application for verification. The Petitioner was recruited in Maharashtra Jeevan Pradhikar purely on the basis of his diploma in Mechanical Engineering, however, just to obey the order of the department vide a letter dated 08.06.2012, he has submitted his proposal to Respondent No.1 along with documents.

4. In support of his tribe claim, the Petitioner submitted following documents which are prior to the year 1976:

5. In the meanwhile, the Petitioner retired from his services on superannuation w.e.f. 31.12.2014 on completion of 58 years of age. Accordingly, the pension amount of the Petitioner was sanctioned and he was being paid the pension in his bank account. However, the Respondent No.1 by its order dated 29.12.2017, invalidated the tribe claim of the Petitioner and cancelled the caste certificate dated 07.07.1977, which is challenged in this petition. Meanwhile, the Respondent No.2 stopped the pension of the Petitioner vide communication dated 15.01.2019, which is also challenged in this petition.

6. It is the contention of the Petitioner that he was recruited in the services of the Respondent No.2 solely on the basis of his diploma in Mechanical Engineering and not on the basis of his caste, therefore the decision of Respondent No. 2 in abruptly withholding the pension of the Petitioner, is arbitrary and illegal. The Petitioner further contended by amendment that during the pendency of this petition, the Government of Maharashtra has taken a decision in respect of grant of pensionary benefits to the employees, whose caste certificate have been invalidated and posted on super numerical post and their continuation of services till the retirement vide Government Resolution dated 14.12.2022. The Petitioner is also entitled to get the benefits of the said decision.

7. The learned Counsel for Petitioner relied on the following Citations:

(i) State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr., reported in (2013) 12 SCC 210;

(ii) Gajanan Marotrao Nimje & Ors. Vs. Reserve Bank of India & Ors., reported in (2019) 12 SCC 639;

(iii) Writ Petition No. 2397/2021, Ashok Natthuppa Shelgenwar Vs. Accountant General (A & E), II (Maharashtra), Nagpur & Ors., dated 27.07.2023;

(iv) Writ Petition No. 248/2020, Shamrao Shrawanji Nikhare (Dead) through his legal heirs Vs. Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur & Anr., dated 29.09.2023 and

(v) Writ Petition No.1917/2018, Ku. Mangala D/o Aagmaiyya Tallewar V