NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 10387-10388/2018

(ARISING FROM SLP (C) NOS. 18555-18556/2018)

S.G. BARAPATRE & ORS.                              APPELLANT(S)

                               VERSUS

SHRI ANANTA GAJANAN GAIKI & ORS.   RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.  

2. Permission to file special leave petition(s) is

granted.

3. The appellants are before this Court, aggrieved

by  the  orders  dated  13.04.2018  in  Writ  Petition

No.6740/2016 and dated 4.5.2018 in Review Application

No.491 of 2018 in W.P. No.6740 of 2016 passed by the

High Court of Judicature at Bombay, Bench at Nagpur.

4. Some  of  the  appellants  are  parties  before  the

High Court.  The appellants had declined to subject

themselves to caste scrutiny and, therefore, pursuant

to the directions of the High Court their services

are to be discontinued and their payments or dues are

not to be released.  The High Court further directed

to recover the payments already made.  The relevant

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paragraphs are set out below:-

“65.  The Food Corporation of India or the

Reserve  Bank  of  India  shall  forthwith

discontinue and not release any payments or

dues to the Respondent employees before this

Court  who  have  given  up  their  castes  and

were/are still continued by them.

66. The  Food  Corporation  of  India  or  the

Reserve  Bank  of  India  shall  also  initiate

necessary  steps  within  next  two  months  to

recover payments or dues released, from the

Respondent  employees  before  this  Court  who

have given up caste claim.”

5. However, we find that the very same issue was

subject  matter  of  consideration  by  the  High  Court

leading  to  the  judgment  dated  1.11.2012  in  Writ

Petition  No.5198/2009  and  connected  cases,  in  the

case of appellants herein.

6. In  paragraph  18  of  the  judgment,  the  Division

Bench of the High Court held as under:-

“18. In that view of the matter, we find that

the  petitioners  are  entitled  to  limited

relief, that they are praying for.  In the

result, the impugned show cause notices are

quashed and set aside.  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  liberty  to

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withdraw the said benefits and restore the

position as on 28.11.2000.  The respondents

to take further necessary steps in accordance

therewith.”

7. The Employer, namely, Food Corporation of India

challenged  that  order  and  filed  special  leave

petition(s) before this Court, which was dismissed by

order dated 12.04.2013.  Review Petition(s) was also

attempted and the same was also dismissed by order

dated 26.02.2014.

8. Therefore, the said judgment qua the employees,

who were parties to those writ petitions have become

final.  The benefits which have been granted, as per

the judgment specifically referred to in paragraph 18

of the judgment, which is extracted above, cannot be

taken away in collateral proceedings.   

9. We make it clear that the employees covered by

the  said  judgment  shall  only  be  entitled  to  the

benefits  which  have  been  granted  specifically  in

paragraph 18 of the judgment referred to above.   For

all  purposes,  those  people  will  get  themselves

arrayed in the general category as on 28.11.2000 and

placed  below  the  last  of  the  general  category

candidate as on that date.

10. The impugned orders will stand modified to the

above extent.  The appeals are, accordingly, disposed

of.

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11. Pending  applications,  if  any,  shall  stand

disposed of.

12. There shall be no orders as to costs.

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

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

NEW DELHI; OCTOBER 10, 2018.

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