L I C OF INDIA Vs. SUSHIL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court, Nagpur Bench, Nagpur. The respondent had secured employment in the Life Insurance Corporation of India (hereinafter referred to as the LIC) the appellant in this appeal on the basis that he belongs to Scheduled Tribe. Undisputedly, his caste was recorded as Halba. Committee for scrutiny and verification of Tribe Claims, Amaravati vide its order dated 30-4-2004 held that respondents claim of belonging to Scheduled Tribe was wrong, unfounded and was a fraudulent claim. The order was questioned by respondent before the High Court by filing a writ petition. Before the High Court, learned counsel for the writ petitioner submitted that the writ petitioner was willing to file an undertaking to the effect that he will not claim any benefit on the basis of his case as Halba either in his service or anywhere else at any time for himself as well as for his legal heirs. With reference to a judgment of this Court in State of Maharashtra vs. Milind and Ors. (2001) 1 SCC 4, the High Court held that in view of the undertaking the writ petitioners services were not to be terminated notwithstanding invalidation order passed by the Scrutiny Committee.

(3.) Learned counsel for the LIC submitted that the approach of the High Court is clearly erroneous. In Milinds case (supra) this Court never laid down any principle of law having universal application. The observations in para 38 of the judgment were limited to the peculiar facts of the case. The High Court erroneously proceeded on the basis that the decision laid down a rule of universal application.