MADHUKAR SAROJ HALBA KOSTA Vs. STATE OF MP

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing of the decision dated 11-3-2010, Annexure P-17, passed by the High Level Scrutiny Committee wherein it is held that he is of Kosta Caste which is in the category of Other Backward Classes (OBC). The petitioner has also prayed through IA. No. 5194/2010 for a direction against the respondents to release his pension, gratuity and other retiral benefits.

(2.) According to the petitioner, he belongs to Halba Kosta Community. As back as on 1-10-1971, Magistrate First Class, Jabalpur, issued a caste certificate (Annexure P-l), in favour of petitioner that he belongs to the community of Halba which is recognized as Scheduled Tribe under the Constitution Order, 1950. Later, the petitioner was appointed on 18-10-1979 as Scheduled Tribe candidate on the post of Assistant Manager in the Food Corporation of India (in short "the Corporation"). On 3-7-1981, vide Annexure P-3 the Under Secretary to the Government of India (Ministry of Agriculture) issued a memorandum stating therein that on the basis of proof and evidence submitted by the petitioner, the Government had taken a decision that he can be treated as a member of Scheduled Tribe. With the passage of time, petitioner was posted all over India by the Corporation. The Corporation even promoted him first as Deputy Manager and then Deputy General Manager. The Collector, Jabalpur, also by his communication dated 9-8-2007 (Annexure P-6), confirmed to the Corporation that the caste certificate dated 1-10-1971 (Annexure P-l), issued to petitioner by the Magistrate, First Class, from the Office of Collector, Jabalpur, was correct. At the time when the caste certificate was issued even this High Court in Writ Petition No. 1456/1981 had held that Halba Kosti belonged to Scheduled Tribe of Halba or Halbi. The law was later on changed by the decision of Supreme Court in State of Maharashtra vs. Milind, 2001 1 MPLJ 1 = (2001) 1 SCC 4, that caste or tribe not expressly mentioned in the Presidential Order cannot be treated as Scheduled Caste or Scheduled Tribe by holding that they are included in one of the castes or tribes mentioned in the order. The matter regarding petitioner's caste was referred to the High Level Scrutiny Committee constituted by the State Government. The High Level Scrutiny Committee by its decision dated 11-3-2010 (Annexure P-17), held that petitioner is of Kosta Caste which falls in the category of Other Backward Classes (OBC). The High Level Scrutiny Committee on this finding also cancelled the caste certificate dated 1-10-1971 (Annexure P-l), issued to petitioner that he belongs to Halba Community recognized as Scheduled Tribe. The view taken up the High Level Scrutiny Committee is as a result of the change in legal position that caste or tribe not mentioned in the Presidential Order cannot be recognized as Scheduled Caste or Scheduled Tribe on the reasoning that they have been impliedly included in one of the castes or tribes mentioned in the order. Aggrieved with the decision of High Level Scrutiny Committee, the petitioner has filed the present writ petition which was admitted on 26-3-2010 with an interim direction that no orders terminating his services shall be issued by the respondents. The petitioner, however, retired from service on 31-3-2010 after attaining the age of superannuation. The Corporation, after the decision of High Level Scrutiny Committee by order dated 30-3-2010 instead of paying the retiral dues to the petitioner, decided to keep his provident fund, gratuity and other terminal benefits deposited in a separate bank account till the final decision of writ petition. It is against this order also the petitioner has prayed for relief as mentioned above.

(3.) The learned Counsel for petitioner has argued that in the absence of any allegation of fraud or misrepresentation, the Corporation cannot withhold the retiral benefits of petitioner and its action in doing so is totally arbitrary. The learned Counsel for the Corporation, on the other hand, has justified its decision.