VILAS KUMAR BHUGAONKAR Vs. STATE OF M P

JUDGEMENT

(1.) In this petition, the petitioner has inter-alia challenged the validity of the order dated 3-8-2010 by which services of the petitioner have been terminated in the light of the recommendation made by High Power Scrutiny Committee that the petitioner has illegally obtained the caste certificate. The petitioner has also challenged the validity of the order dated 2-9-2011 passed by the appellate authority by which the appeal preferred by the petitioner has been dismissed. The petitioner also seeks a direction to the respondents to reinstate him in service with all consequential benefits. Background facts leading to the controversy involved in the writ petition briefly stated are that as per version of the petitioner, his ancestors belonged to "Halba" Tribe and were originally habitants of Baster District in the erstwhile State of Madhya Pradesh. In search of employment, they migrated to Bhugaon in District Nagpur. The father of the petitioner was appointed in M.P. Civil Secretariat Services in the year 1946 and was posted in Nagpur and served in the erstwhile State of Madhya Pradesh till 16-12-1957. On re-organisation of the State of Madhya Pradesh, the services of the father of the petitioner were allocated to the State of Madhya Pradesh and he was posted at Bhopal. A caste certificate dated 30-6-1979 was issued to the petitioner by the District Organiser, Tribal Welfare Department, Bhopal, certifying that the petitioner is a Scheduled Tribe being member of Halba community.

(2.) The petitioner was appointed as Assistant Engineer in Public Health Engineering Department on 12-11-1984. Thereafter, the petitioner was appointed on probation period of two years. The petitioner was promoted on the post of Executive Engineer in the year 2001 and subsequently on the post of Superintending Engineer vide order dated 27-6-2005. The petitioner was given the officiating charge of the post of Chief Engineer, P.W.D. (Bridge), Bhopal vide order dated 1-4-2008. A complaint was made to the Chairman of the M.P. Scheduled Tribe Commission on 20-12-2007 in which it was alleged that caste certificate issued in favour of the petitioner is false. Thereupon, the matter was referred to the High Power Caste Scrutiny Committee. The High Power Caste Scrutiny Committee vide its report dated 21-6-2010 found that the caste certificate has illegally been issued to the petitioner and the petitioner belongs to Other Backward Class and is not a member belonging to the Scheduled Tribe. Accordingly, the caste certificate issued in favour of the petitioner was cancelled. On the basis of the report submitted by the High Power Scrutiny Committee, the services of the petitioner were terminated vide order dated 3-8-2010. The aforesaid order was affirmed in appeal by the appellate authority vide order dated 2-9-2011. In the aforesaid factual background, the petitioner has approached this Court.

(3.) Learned senior counsel for the petitioner submitted that in pursuance of the order of the Supreme Court in the case of State of Maharashtra vs. Milind and others, 2001 AIR(SC) 393the Central Government has issued a circular dated 10-8-2010 by which protection has been afforded to the admissions and the appointments which have become final on or before 28-11-2000. It is further submitted that State Government has also issued a circular dated 7-3-2011 in pursuance of the circular issued by the State Government and in the light of decision of the Supreme Court in the case of Milind wherein it is provided that admissions and appointments which have attained finality prior to 28-11-2000 shall not be disturbed. However, such person shall not be entitled to benefit of reservation after 28-11-2000. While inviting the attention of this Court to the opinion which has been given by the Advocate General as well as the Law Department, it is submitted that the circular issued by the State Government dated 7-3-2011 has retrospective operation and therefore the order of termination is liable to be quashed.