ORDER :

Arup Kumar Goswami, J.

Heard Mr. Ashish Surana, learned counsel for the petitioners. Also heard Mr. Govind Ram Miri, learned senior counsel assisted by Mr. K.R. Nair, learned counsel, appearing for the respondent.

2. The writ petition is filed by the petitioners, who shall hereinafter, be referred as the employer, challenging the order dated 11.04.2018 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short, ‘CAT’) in Original Application No.200/00056/2016, whereby the learned CAT directed reinstatement of the respondent herein, who shall, hereinafter be referred as the employee, in service forthwith, without any salary / back wages for the period he had not served the Department. However, the intervening period (from the date of dismissal till the date of reinstatement) was directed to be regularized for the purpose of pension, etc. The respondents therein was directed to do the needful within a period of two months from the date of receipt of certified copy of the order.

3. The employee was appointed to the post of Plant Attendant on 23.01.1995 and he came to be confirmed on 09.02.1998. He was appointed on the basis of a caste certificate dated 15.10.1993 issued by the Naib Tehsildar, Rajnandgaon. Subsequently, the caste certificate submitted by the employee was found to be forged, and accordingly, he was removed from service by an order dated 09.05.2007 passed by the Deputy General Manager, P. (Coke Ovens) Coke Ovens and C.C.D. Steel Authority of India, Bhilai Steel Plant, Durg.

4. Being aggrieved, the employee filed a writ petition being Writ Petition (S) No.3117 of 2007. The learned Single Judge of this Court disposed of the writ petition by an order dated 07.04.2008, setting aside the order dated 09.05.2007 holding that question of determination of the caste cannot be examined by any authority except the State Level Caste Scrutiny Committee, (for short, ‘SLCSC’) and accordingly, the employee was held entitled to receive all the benefits flowing from the order. However, liberty was reserved to respondents No.5 & 6 to the said writ petition to refer the matter to the SLCSC for decision in accordance with law laid down by the Hon’ble Supreme Court in the case of Kumari Madhuri Patil and Another v. Additional Commissioner, Tribal Development and Others, reported in (1994) 6 SCC 241 and State of Maharashtra and Others v. Ravi Prakash Babulalsing Parmar and Another, reported in 2006 AIR SCW 6093.

5. The employer preferred an appeal against the said order dated 07.04.2008, being Writ Appeal No.115 of 2008. It appears that while the employee was reinstated in service, an interim order was passed in the writ appeal to the effect that the employee was not entitled to all the benefits. The said writ appeal was disposed of on 25.08.2009 providing that the interim order passed on 19.06.2008 shall remain in force till the SLCSC, to which the matter was already referred to, gives its finding with respect to social status of the employee.

6. The SLCSC, vide an order dated 17.08.2015, held that the employee did not belong to Pardhi caste in the State of Chhattisgarh, and accordingly, caste certificate issued by the Naib Tehsildar, Rajnandgaon was cancelled.

7. The employee had challenged the said order dated 17.08.2015 by filing a writ petition, numbered as Writ Petition (S) No.3815 of 2015 before this Court. In the meantime, based on the order dated 17.08.2015, the employer had cancelled the appointment order of the employee by an order dated 18.12.2015. It is relevant to note that by an order dated 06.01.2016, Writ Petition (S) No.3815 of 2015 was allowed to be withdrawn with a liberty to challenge the order of removal dated 18.12.2015.

8. The employee had challenged the said order dated 18.12.2015 before the CAT and by the impugned order dated 11.04.2018, as discussed earlier, Original Application of the employee was disposed of as noticed above.

9. The CAT observed that the appointment of the employee was can