ASHOK BHASKAR CHAULKAR Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioner seeking writ of mandamus or any other writs to cancel the order of his termination dated 2-3-2007, passed by the Respondent No. 2- Assistant General Manager, Central Bank of India and the letter dated 30-1-2008 issued by therespondent No. 1 and seeking direction against the respondents to reinstate the petitioner.

(2.) Factual Matrix : The petitioner was appointed in the respondent No. -1 Central Bank on 20-3-1983 as a Clerk from the reserved category. The petitioner, at that time, was having Caste Certificate issued by the competent authority declaring him Mahadeo Koli- Schedule Tribe. After 7 years of service, the petitioner was given promotion to the Post of Junior Manager, Grade-I. However, upon reference made to the Schedule Tribe Caste Certificate Scrutiny Committee for verification, the caste certificate of the petitioner was invalidated by the said committee vide its order dated 8-1-2007. The respondent No. 2 acted upon it and issued order of termination of the petitioner on 2-3-2007. The petitioner filed Writ petition No. 2710 of 2007 and the said petition was withdrawn with liberty to make representation to the Respondent No. 1 Bank. With the result, the order of the scrutiny committee invalidating cast claim of the petitioner become final and conclusive and it remains in operation. However, the said representation made by the petitioner was rejected by respondent No. 1 Bank vide its letter dated 30-1-2008. Hence, this petition. This order of rejection is a subject matter of challenge in this petition filed under Article 226 of the Constitution of India.

(3.) Submissions : Learned counsel appearing for the petitioner has submitted that the petitioner belongs to Mahadeo Koli which falls under Scheduled Tribe, reserved category and, therefore, his recruitment in the Bank was legal. Learned Counsel has further submitted that assuming that the petitioner is not 'Mahadeo Koli' but is a simiplicitor 'Koli', yet the termination is illegal. The submission of the learned counsel is entirely based on the Government of Maharashtra Resolution No. BCC/1094/CR.68/94/16B, dated 15th June, 1995, by which the service of the person who have entered service or promoted on the basis of Cast reservation, prior to 1995, were sought to be protected. In support of his submission, the learned advocate placed reliance on the Judgment of the Hon'ble Supreme Court in the case of Punjab National Bank and another vs. Vilas Govindrao Bokade and another, 2007 3 MhLJ 805 in Civil Application No. 1548 of 2007.