Bombay HC – Invalidation of Tribe Claim Cannot Defeat Retiral Benefits
Judgment dated 19.10.2026 of the High Court of Bombay in Writ Petition No.13598 of 2023 of Mangal Dagadu More Vs. State of Mahrashtra and others
The petitioner was appointed as Peon in the Primary Health Centre. Her tribe claim was referred to the Committee for verification in 2009.
By the order dated 11.2.2022 the Scrutiny Committee invalidated the tribe claim of the petitioner as Thakur.
In the meanwhile, the petitioner has
. However, the retiral benefits are not given due to invalidation of the tribe claim.
the issue that at the fag end of the service and/or upon retirement merely for the reason that a caste validity certificate was not submitted when the employee was permitted to discharge the duties throughout and superannuated, is no longer res integra.
It is not the Respondent’s case that it had, in any manner, invoked the provisions of Section 10 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backwards Classes and Special Backwards Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, to discharge her from service in the absence of validation of her certificate. It is an admitted fact that the State Government, vide Government Resolution dated 27th December 2019, has taken a policy decision to protect the services of candidates who belong to the Scheduled Tribes in circumstances of invalidation of their caste certificate, as a humanitarian measure, for the long years of service rendered by such employees.
