HEMANT Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for both the parties.

(2.) The petitioner was appointed as a 'Senior Ayurvedic Vaidya' on 11/05/1994 and joined the services on 17/05/1994 against the vacancy reserved for Scheduled Tribe category. He claims to belong to 'Parja' scheduled tribe.

(3.) The caste certificate dtd. 16/12/1993 was issued to him by Executive Magistrate, Amravati. According to the petitioner, the caste certificate was only the requirement and condition precedent for the purpose of appointment. There were no terms or conditions to submit the Caste Validity Certificate to show that he belongs to 'Parja' scheduled tribe. He had completed his entire service on attaining the age of superannuation on 30/06/2020. During his service period, the respondents never asked any validity certificate. He had completed 58 years of age and was retired on 30/06/2020 as a Medical Officer Grade-B. The provisional pension was sanctioned to him for six months period from 01/07/2020 to 31/12/2020 and thereafter again for six months from 01/01/2021 to 30/06/2021. As communication was issued to him by respondent No.2 dtd. 07/06/2021 was also addressed to respondent No.1 for releasing the provisional pension from 01/07/2021 till further period.