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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. S. JAWALKAR, RAJ D. WAKODE
Vinayak Marotrao Mahajan – Appellant
Versus
Schedule Tribe Caste Certificate Scrutiny Committee – Respondent
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 Pe
Pensionary benefits cannot be withheld without statutory adjudication during service; employees are entitled to benefits unless properly invalidated by law.
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
Pension is a constitutional right and cannot be withheld without proper justification, even if a caste certificate is disputed.
Caste claims must be evaluated with pre-constitutional documents holding greater evidential value, and reliance on affinity tests, which do not definitively establish caste ties, is insufficient for ....
Disciplinary proceedings against a retired government employee initiated beyond four years are arbitrary and violate CCS Pension Rules, affirming the principle of fairness and legitimate expectation.
The court emphasized the importance of pre-constitutional documents in validating caste claims and condemned arbitrary administrative decisions lacking proper verification.
The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension)....
The central legal point established in the judgment is the importance of genuine documents and validity certificates in establishing a caste claim, and the principle that once a caste claim has been ....
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