NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 10396/2018

(ARISING FROM SLP (C) NOS. 13011/2018)

GAJANAN MAROTRAO NIMJE & ORS.                      APPELLANT(S)

                               VERSUS

THE RESERVE BANK OF INDIA & ORS.                   RESPONDENT(S)   

WITH

C.A. NO(S). 10402/2018 @ SLP(C) NO. 18557/2018

C.A. NO(S).10397-10398/2018 @ SLP(C) NO. 15818-15819/2018

C.A. NO(S). 10399-10400/2018 @ SLP(C) NO. 15820-15821/2018

C.A. NO(S).10401/2018 @ SLP(C) NO. 16125/2018

C.A. NO(S).10403-10404/2018. @ SLP(C) NO. 18746-18747/2018

J U D G M E N T

KURIAN, J.

Leave granted.  

2. The  appellants  have  been  in  the  service  of

respondent/Reserve  Bank  of  India  for  about  two

decades or more and majority of them are in the fag

end of their service.  We are informed that some of

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them  have  even  superannuated.   The  appellants  are

before this Court, aggrieved by the judgment dated

13.04.2018  whereby  the  Division  Bench  of  the  High

Court has issued a direction to terminate them from

service  and also  to recover  all the  benefits they

have earned in service.  Such an order was passed on

the basis that none of the appellants belong to the

Scheduled  Tribe  category  whereas  their  initial

appointment was on that basis.

3. This litigation has a little other background.

In Writ Petition No.1512 of 2004 before the same High

Court at the same Nagpur Bench had occasion to deal

with  the  same  issue.   It  appears,  the  writ

petitioners  in all  the matters  taking note  of the

efflux  of  time  of  were  not  inclined  to  go  for  a

verification  of  the  caste  status,  bereft  of  any

supporting  materials in  view of  the lapse  of long

years.

4. At  paragraph  18  of  the  common  common  judgment

dated 01.11.2012 it has been hence held as follows:-

“18.  ...It is declared that the petitioners

would  be  entitled  to  protection  of  their

appointments. It is further declared that if

any benefits are granted after 28.11.2000 on

the  basis  that  they  belong  to  Scheduled

Tribes,  the  respondent  Authorities  are  at

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liberty  to  withdraw  the  said  benefits  and

restore the position as on 28.11.2000.  The

respondents to take further necessary steps

in accordance therewith.”

5. Based  on  the  judgment  referred  to  above,  the

Reserve Bank of India issued a comprehensive circular

on  01.07.2013.   The  relevant  paragraphs  of  the

circular read as follows:-

“As  you  are  aware,  the  issues  relating  to

verification  of  Caste  Certificate  and  its

validation,  non-submission  of  documents  for

verification of the caste/tribe claims by the

concerned employees have been persisting for

a long time and have been matter of concern

for the Bank.  With a view to resolving the

problem,  the  entire  gamut  of  the  issues

related to scrutiny of Caste Certificate etc.

has been reviewed and it has been decided to

take action as under:

A. The services of the employees belonging

to  Halba,  halba  Koshti/Koshti

caste/community, who were appointment against

vacancies  reserved  for  the  Scheduled  Tribe

and who have been confirmed in the services

of the Bank before November 28, 2000, may be

protected.  Such employees, thereafter, will

be treated as employees belonging to General

Category, with the following conditions.

(i) The  employee  concerned  would  give

an  undertaking  to  the  effect  that  he/she

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would  give  up  their  claim  as  belonging  to

Scheduled  Tribes  and  would  not  seek  any

benefits  in  support  of  their  claim

subsequently.

(ii) No benefit will accrue to them on

the basis of reservation after the aforesaid

date i.e. November 28, 2000.

(iii) The  above  decision  is  subject  to

outcome of the Writ Petition No.1562 of 2004

filed before the High Court of Judicature at

Bombay Bench at Nagpur.

The  undertaking  as  mentioned  at  (i)

above  shall  be  obtained  from  employees

concerned  before  issuing  the  office  order

protecting their services in the Bank.

B. The  services  of  other  employees

belonging  to  Scheduled  Tribe  appointed

against  vacancies  reserved  for  Scheduled

Tribe and, who have not submitted their Caste

Certificate  for  verification/validation

and/or  their  Caste  Certificate  has  been

invalidated etc. and have been confirmed in

the services of the Bank before November 28,

2000 may also be protected.  Such employees,

thereafter, may be treated as belonging to

General Category on the conditions indicated

against A(i) to (iii) on pre page.”

6. The High Court has unfortunately missed to take

note  of  this  circular  while  passing  the  impugned

judgment.    It  is  also  significant  to  note  the

prayers in the writ petition leading to the impugned

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judgment. Prayers (a) to (f) read as follows:-

“(a) by  an  appropriate  writ,  order  and/or

direction, direct the respondent no.1-Reserve

Bank of  India to keep the respondent Nos.5

to  140  below  the  last  candidate  in  the

seniority list of Open Category as on 28th of

November, 2000;  

(b) by  an  appropriate  writ,  order  and/or

direction, hold that the respondent Nos.5 to

140  are  not  entitled  for  any  benefit

inclu6ding  the  benefit  of  Time  Bound

Promotion,  Assured  Promotion,  Personal

Promotion etc. before the last Open Category

Candidate in the seniority list Open Category

Candidates as on 28th of November, 2000;

(c) by  an  appropriate  writ,  order  and/or

direction, direct the respondent No.1-Reserve

Bank  of  India  to  withdraw  the  benefits

granted to the respondent Nos.5 to 140 after

they are treated as Open Category Candidates

with effect from 28th of November, 2000;

(d) by  an  appropriate  writ,  order  and/or

direction, direct the respondent No.1-Reserve

Bank  of  India  to  fill  in  the  backlog  of

Scheduled  Tribe  Category  as  on  28th of

November, 2000 pursuant to the absorption of

respondent nos.5 to 140;

(e)  by  an  appropriate  writ,  order  and/or

direction,  direct  the   respondent  No.1-

Reserve Bank of India to recover the benefits

including the arrears of salary extended to

respondent Nos.5 to 140;

(f)  by  an  appropriate  writ,  order  and/or

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direction, direct the respondent no.1-Reserve

Bank of India to withdraw the Office Order

Staff No.89/2013-14, dated 24th of December,

2013.”

7. Apparently, there was some confusion with regard

to  the  implementation  of  the  judgment  dated

01.11.2012  in  the  judgment  in  Writ  Petition

No.1512/2004 and connected matters.

8. Based  on6  the  recent  judgment  of  this  Court

passed  in  Chairman  and  Managing  Director,  Food

Corporation of India and Others Vs.  Jagdish Balaram

Bahira and Others,  reported in (2017) 8 SCC 670, the

High Court passed the impugned order directing the

termination and recovery of the benefits.

9. We are afraid, in the peculiar background of the

appellants and the history of the previous litigation

of the same issue, the High Court is not justified in

passing such an omnibus order.  There is no case for

anybody leave alone the writ petitioners that at the

time of entry in service, the appellants played any

fraud.   There  was  no  case  that  the  petitioners

therein  had  played  any  fraud  in  obtaining  the

certificate or employment. In  any  case  the

appellants,  it  is  pointed  out  that,  even  assuming

that  they  do  not  belong  to  Scheduled  Caste  or

Scheduled Tribe, fall either under the most backward

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or  under  the  backward  category,  who  were  also

entitled  to  some  reservation  at  the  time  of

recruitment.   In  order to  avoid any  litigation on

this aspect only, the High Court in its wisdom passed

the  judgment  dated  1.11.2012,  that  all  the

petitioners  therein  will  be  put  in  the  general

category.

10. It  will  be  relevant  to  note  that  the  common

judgment dated 01.11.2012 was challenged before this

Court  and  the  special  leave  petition(s)  and  the

review petition(s) were also dismissed.

11. Having regard to the background, as above, we are

of the view that the appellants are entitled to the

protection  granted  by  the  same  High  Court  in  the

judgment  dated  1.11.2012  in  Writ  Petition

No.1512/2004.  In any case the parties to the writ

petition  cannot  be  disturbed  collaterally  and  the

judgment operated as a judgment in rem in view of the

circular dated 1.7.2013 issued by the Reserve Bank of

India and since the litigations were pursued  by the

respective associations.

12. Therefore,  these  appeals  are  disposed  of  as

follows:-

In partial modification of the impugned

judgments,  it  is  ordered  that  all  the

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appellants shall be placed below the last of

the  general  category  candidate  as  on

28.11.2000 and will be continued as such till

their superannuation.  All the benefits which

the  appellants  earned  as  reserved  category

candidates  after  28.11.2000  will  be

surrendered/recovered.  After 28.11.2000 the

benefits available to the reserved category

candidates will be given to the members of

the reserved category regarding whom there is

no dispute.  There shall be no recovery of

any6  benefits  from  the  employees  who  are

already superannuated.  Action, if any, taken

pursuant  to  the  impugned  judgment(s)  will

stand  recalled  and  modified  to  the  extent

indicated hereinabove.   

Needless  to  say  that  the  notification

dated  24.12.2013  will  be  appropriately

reconsidered.

In view of this judgment, we request the

High Court to dispose of all the contempt

proceedings initiated against the officers of

the  Reserve  Bank  of  India  for  non-

implementation of the impugned judgment dated

13.04.2018.

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13. Pending  applications,  if  any,  shall  stand

disposed of.

14. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [S. ABDUL NAZEER]  

NEW DELHI; OCTOBER 11, 2018

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