VidhiSangh

Supreme Court of India · 11/07/2022

THE CHIEF EXECUTIVE OFFICER, BHILAI STEEL PLANT, BHILAI versus MAHESH KUMAR GONNADE & ORS.

[2022] 6 S.C.R. 979 · 2022 INSC 675

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Summary

An employee joined Bhilai Steel Plant in 1995 as a Management Trainee against a Scheduled Tribe vacancy on a 1987 'Halba' certificate. In 2015 the High Level Caste Scrutiny Committee, after notice which he did not attend, found he belonged to the Halba/Koshti community, an OBC in Chhattisgarh, and cancelled the certificate; his services were terminated and benefits forfeited. The Central Administrative Tribunal dismissed his challenge because he had not questioned the Committee's finding, but the Chhattisgarh High Court, applying State of Maharashtra v. Milind, set aside the termination with seniority and back wages. The Supreme Court allowed the employer's appeal. Milind protected only the doctor litigant in that case and was clarified in Union of India v.

Issues

  1. Whether a person appointed before 28.11.2000 against a Scheduled Tribe vacancy on a caste certificate later cancelled by the Caste Scrutiny Committee is entitled to continue in service on the strength of State of Maharashtra v. Milind.
  2. Whether termination without a show-cause notice was vitiated where the employee did not challenge the Scrutiny Committee's adverse finding, avoided its proceedings, and did not claim to belong to the Scheduled Tribe.
  3. What consequences follow for emoluments already drawn and for pensionary benefits.

Provisions considered

Held

Result

Appeal allowed; the Chhattisgarh High Court's judgment of 09.01.2017 setting aside the termination set aside; the respondent, being OBC, cannot be retained in a Scheduled Tribe post; emoluments already paid not to be recovered, but no pensionary benefits payable. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 979.