Halba Koshti
Halba Koshti
Halba Koshti
(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section
OFFICE MEMORANDUM
With reference to the subject cited above, attention is drawn to the Hon'ble
Supreme Court judgment dated 11.10.2018 in Civil Appeal No 10396/2018 arising
out of SLP NO.13011/2018 Gajanan Marotrao Nimje & Others Vs RBI & Others In
which the Apex Court has, inter-alia, passed the following order:-
2. A similar stand has been taken by the Hon'ble Supreme Court in Civil Appeals
Nos 10387-10388/2018 arising out of SLP Nos 18555-18556/2018 SG Barapatre &
Others Vs Shri Ananta Gajanan Gaiki & Others dated 10.10.2018 as under:-
" 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."
2/-
2-
3. All Ministries/ Departments are requested to furnish action taken in the light of
the above judgements. Copies of the aforesaid judgements are annexed herewith
for ready reference.
~~
(Raju Saraswat)
Under Secretary to the Govt.oflndia
Tele/Fax-23092110
VERSUS
WITH
C.A. NO(S). 19492/2918 @ SLP(C) NO. 18557/2918
J U 0 G MEN T
KURIAN, J.
Leave granted.
2. The appellants have been in the service of
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them have even superannuated. The appellants are
years.
4. At paragraph 18 of the common common judgment
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liberty to withdraw the said benefits and
restore the position as on 28.11.2999. The
respondents to take further necessary steps
in accordance therewith."
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would give up their claim as belonging to
Scheduled Tribe·s 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, 2999.
(iii) The above decision is subject to
outcome of the Writ Petition NO.1S62 of 2994
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,
2999 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."
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judgment. Prayers (a) to (f) read as follows:-
H(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 14e below the last candidate in the
seniority list of Open Category as on 28~ of
November, 2eea;
(b) by an appropriate writ, order and/or
direction, hold that the respondent Nos.S to
14e 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 28~ of November, 2eae;
(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.S to 14a after
they are treated as Open Category Candidates
with effect from 28th of November, 2eee;
(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, 2eaa pursuant to the absorption of
respondent nos.S to 14e;
(e) by an appropriate writ, order and/or
direction, direct the respondent No.l-
Reserve Bank of India to recover the benefits
including the arrears of salary extended to
respondent Nos.S to 14e;
(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.89/2913-14, dated 24th of December,
2913."
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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 1.11.2912, that all the
petitioners therein will be put in the general
category.
19. It will be relevant to note that the common
judgment dated 91.11.2912 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 1.11.2912 in Writ Petition
No.1512/2994. 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 1.7.2913 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
indicated hereinabove.
reconsidered.
13.94.2918.
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13. Pending applications, if any, shall stand
disposed of.
...................... . J.
[KURIAN JOSEPH]
....................... J.
[So ABDUL NAZEER]
NEW DELHI;
OCTOBER 11, 2e18
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NON-REPORTABLE
VERSUS
J U D G MEN 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 13.94.2918 in Writ Petition
No.6749/2916 and dated 4.5.2918 in Review Application
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paragraphs are set out below:-
1165. The F00d 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."
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·.
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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.
[So ABDUL NAZEER]
NEW DELHI;
OCTOBER 19, 2918.