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TMI Blog2016 (9) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be countenanced. For, caste Koshti is neither a synonym nor part of a notified Scheduled Tribe Halba in Maharashtra. Considering the above, the appellant is not entitled for any relief on the finding that his appointment as Chemical Examiner in the Customs and Central Excise Department vide appointment letter dated 16th June, 1995 had not attained finality. Notably, the Caste Certificate Scrutiny Committee has finally answered the factum of caste claim of the appellant on the basis of relevant material, which is indicative of the fact that in the relevant official record pertaining to even the close relatives of the appellant (grandfather and uncle), the caste recorded is Koshti and occupation shown as weaving separately. The appellant has allowed that decision of the Caste Certificate Scrutiny Committee dated 10th February, 2003/22nd April, 2004 to attain finality. The Scrutiny Committee has unambiguously held that the appellant does not belong to Halba Community, a notified Scheduled Tribe in Maharashtra. The High Court was, therefore, right in allowing the writ petition filed by the Department and to restore the termination order dated 8th June, 2004. - Civil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant was declared confirmed in the grade of Assistant Chemist w.e.f. 15.05.1988 vide notification dated 05.05.1995. All these appointments were made against the Scheduled Tribe reserved category. However, lastly, the appellant joined the Customs and Central Excise Department as Chemical Examiner Grade I , from 21st November, 1995 pursuant to appointment order dated 16th June, 1995. He was working on that post till his services were terminated vide order dated 8th June, 2004, consequent to the decision of the Caste Certificate Scrutiny Committee that the appellant belonged to caste Koshti , which is not a Scheduled Tribe in the State of Maharashtra. 4. When the appellant was appointed in the Indian Bureau of Mines, as Chemist in Group A, the said Department vide letter dated 13th January, 1989 had referred his case for Caste Certificate scrutiny to the Caste Certificate Scrutiny Committee, Nagpur. The Scrutiny Committee after due enquiry answered the reference vide order dated 16th January, 2001. It found that the appellant belongs to Caste Koshti , which is not a Scheduled Tribe. That decision of the Scrutiny Committee was challenged by the appellant by way of a W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue, New Delhi instead issued an Office Order No. F. No. A-12026/7/91-Ad.II-B, dated 8th June, 2004, cancelling the appointment of the appellant on the ground that the appellant does not belong to Scheduled Tribe. This decision was the subject matter of challenge before the Central Administrative Tribunal by way of Original Application No. 491 of 2004. The Tribunal acceded to the contention of the appellant that the appointment made prior to the decision in Milind s case will have to be protected. The objection of the respondents that the observation of the Constitution Bench in Milind s case was not applicable to appointments was rejected. The Tribunal noted that, in a large number of cases, the Bombay High Court has protected the appointments of persons belonging to caste Koshti following the dictum of the Constitution Bench in Milind s case. Accordingly, the Tribunal allowed the original application and directed re-instatement of the appellant in service by setting aside the order of termination. The operative order of the Tribunal reads thus: On the whole, we think that applicant has to be given similar benefit as has been given by the Hon ble High Court of Bombay in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through a proper channel. The Caste Certificate Scrutiny Committee having finally considered the factual position and opined that the appellant does not belong to caste Halba , a notified Scheduled Tribe but belongs to caste Koshti , was not entitled to continue on the post reserved for Scheduled Tribes. 8. Before we proceed further, it would be apposite to reproduce the relevant portion from the decision of the Constitution Bench, in Milind s case which is the fulcrum for claiming protection by the appellant. In paragraph 38, in that decision, the Court observed thus:- 38. Respondent 1 joined the medical course for the year 1985-86. Almost 15 years have passed by now. We are told he has already completed the course and maybe he is practicing as a doctor. In this view and at this length of time it is for nobody s benefit to annual his admission. Huge amount is spent on each candidate for completion of medical course. No doubt, one Scheduled Tribe candidate was deprived of joining medical course by the admission given to Respondent 1. If any action is taken against Respondent 1, it may lead to depriving the service of a doctor to the society on whom public money has alre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion No. (vii) therein unambiguously mentions that as the appointment of the appellant was against the post reserved for Scheduled Tribes, it was provisional and subject to verification of his caste certificate through a proper channel. The caste certificate of the appellant was already under scrutiny in terms of reference made by the Controller General, of the Indian Bureau of Mines, Nagpur, where the appellant was appointed in similar manner on the post reserved for Scheduled Tribes. The mere fact that the Scrutiny Committee was not able to complete the enquiry on the question of validity of caste certificate, before the appellant resigned from the services of the Indian Bureau of Mines and joined another Department of Government of India, that would not extricate the appellant from the requirement of verification of his caste claim of Halba , a notified Scheduled Tribe in Maharashtra. For, the appointment of the appellant as Chemical Examiner Grade-I in Customs and Central Excise Department in terms of Appointment Letter Dated 16th June, 1995 (Annexure P10), was to a temporary post, on provisional basis and subject to verification of his caste certificate through a proper chann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ti community, as being Halba Scheduled Tribe in Maharashtra, prior to November 28, 2000 (the day on which Milind s case was decided by the Constitution Bench), have been validated irrespective of the opinion of the Scrutiny Committee qua those certificates. That cannot be countenanced. For, caste Koshti is neither a synonym nor part of a notified Scheduled Tribe Halba in Maharashtra. 13. Considering the above, the appellant is not entitled for any relief on the finding that his appointment as Chemical Examiner in the Customs and Central Excise Department vide appointment letter dated 16th June, 1995 had not attained finality. Notably, the Caste Certificate Scrutiny Committee has finally answered the factum of caste claim of the appellant on the basis of relevant material, which is indicative of the fact that in the relevant official record pertaining to even the close relatives of the appellant (grandfather and uncle), the caste recorded is Koshti and occupation shown as weaving separately. The appellant has allowed that decision of the Caste Certificate Scrutiny Committee dated 10th February, 2003/22nd April, 2004 to attain finality. The Scrutiny Committee has unambigu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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