Aruna Shivdas Vasakar vs the State of Maharashtra Thr Secretary and Ors. — Bombay HC (2025) — LawSathi Research

Aruna Shivdas Vasakar vs the State of Maharashtra Thr Secretary and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Rule made absolute; Respondent Nos. 2 to 4 directed to formalize the Petitioner's pension proposal, ensure pension payment commences within 90 days, and pay arrears of pension with statutory interest within 90 days.

Issue for consideration

Whether tendering of a caste Validity Certificate is required from the Petitioner, who was admittedly appointed from the Open Category, in respect of the alleged promotion on a reserved post, for release of her pensionary benefits. +2 more

Court's answer

In the absence of any evidence that the Petitioner was appointed on a post reserved for a backward category (she having been admittedly appointed from the Open Category), there is no requirement for tendering a validity certificate; had her promotion been on a reserved post, the need for a validity certificate could have arisen.

Ratio / Principle

There is not a whisper in the promotion order dated 21.02.2000 that the Petitioner was promoted on a post reserved for the backward Category, thereby warranting submission of the Validity Certificate.

Key takeaways

The Petitioner admittedly belongs to the NT Category and her social status is wrongly stated in the promotion order as ST Category.ratio¶28
Concluded that the Petitioner was never promoted on a post reserved for the backward category.ratio¶34
Concluded that the Petitioner's proposal was never forwarded to a Competent Scrutiny Committee (for her NT-D Tribe Certificate under the Maharashtra Caste Certificate Act, 2000).ratio

Detailed headnote1 paragraphs

Writ Petition No.14071 of 2024, High Court of Judicature at Bombay (Civil Appellate Jurisdiction), coram Ravindra V. Ghuge & Ashwin D. Bhobe, JJ., oral judgment per Ghuge, J., decided 17 April 2025. Aruna Shivdas Vasakar, retired Health Assistant (superannuated 31.07.2022), was appointed as Lady Health Visitor on 23.02.1994 with Respondent Nos. 2 to 4 from the Open Category (Tirumal, NT category; she never applied for any reserved post). The Corporation contended she was promoted by order dated 21.02.2000 as Health Assistant (Women) (PHC Worli, Tal. Wada, Dist. Thane) because of her reservation; the tendered promotion order (marked 'X') records her social status wrongly as ST though she is NT, and contains not a whisper that the promotional post was reserved for a backward category. By letter dated 30.09.2020 the Medical Officer, PHC Kudus, asked her to tender a Validity Certificate; she denied service/signature, and the Court expressly left that controversy undecided for want of anything on record proving the Respondents' contention. HELD: absent appointment or promotion on a post reserved for a backward category, there is no requirement to tender a validity certificate; her proposal was also never forwarded to a Competent Scrutiny Committee under the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. Reliance placed on the Nagpur Bench decision in Uday S/o Murlidhar Kohat v. State of Maharashtra (WP No.2474 of 2021, decided 19.10.2022), where the employee was likewise never called upon to tender a Validity Certificate until retirement. Writ petition allowed; Respondent Nos. 2-4 directed to formalize the pension proposal, commence pension payment, and pay arrears of pension with statutory interest, all within 90 days.

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NIKITAKAILASDARADE Digitally signed byNIKITA KAILASDARADEDate: 2025.04.2310:47:17 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.14071 OF 2024

Aruna Shivdas Vasakar Age- 60 years Occ: Retired, R/o. Vivek Nagar, Kadivali Road, Nr. New S. T. Depot Wada, Tal. Wada, Dist. Palghar. …..Petitioner

Vs.

The State of Maharashtra through Secretary, Health dept., Mantralaya, Mumbai -400032

2 The Chief Executive Officer, Zilla Parishad Palghar, Health Dept., 116, First floor, Zilla Parishad Building., Kolgaon, Palghar-Boisar Road, Tal.& Dist. Palghar.

District Health Officer,

Zilla Parishad Palghar, Health Dept., Zilla Parishad Palghar, Tal. & Dist. Palghar.

The Health Officer,

Primary Health Center, Kadus, Tal. Wada, Dist. Palghar. ….Respondent

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Mr. Swaraj S. Jadhav a/w Mr. Vijay R. Garad for the Petitioner. Mr. V. M. Mali, AGP for the State/Respondent No.1. Ms. Rajashri Karande for the Respondent Nos. 2 to 4.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 17^th APRIL, 2025

ORAL JUDGMENT PER (RAVINDRA V. GHUGE, J.):-

Rule. Rule made returnable forthwith and heard finally

by the consent of the parties.

The Petitioner joined service as a Lady Health Visitor in the Health Department with Respondent Nos. 2 to 4, on 23^rd February, 1994. She superannuated on 31^st July, 2022 as Health Assistant. It is an admitted position that when she was appointed in service on 23^rd February, 1994, she has never applied for a post reserved for any Backward Category. She belongs to the Tirumal, NT Category.

It is the contention of the Corporation that the Petitioner was issued with an order of promotion dated 21^st

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February, 2000, by which she was posted as Health Assistant (Women) at the Primary Health Centre at Worli, Tal. Wada. District Thane. Her name prior to her marriage was A. S. Wairagade. After her marriage, her name is Aruna Shivdas Vasakar. She was promoted because of her reservation.

The copy of the promotion order which was not on record, is tendered across the bar, which is marked as ‘X’ for identification. Though, the social status of the Petitioner is mentioned in the promotion order, it does not appear from the said order that the Petitioner was promoted on a post which was reserved for the ST Category. It is obvious that the Petitioner admittedly belongs to the NT Category and it is wrongly stated in the promotion order as ST Category. Nevertheless, there is not a whisper in the promotion order that the Petitioner was promoted on a post reserved for the backward Category, thereby warranting the submission of the Validity Certificate.

It is undisputed that after the Petitioner joined duties, she was never called upon to tender a Validity Certificate. A copy of the letter dated 30.09.2020, is placed on record. It appears that the

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Medical Officer, Primary Health Centre, Kudus, had issued a communication to the Petitioner asking her to tender a Validity Certificate. It is tried to be conveyed to the Court that the signature appearing on the said document as “Shrim. Aruna Vasakar” is the signature of the Petitioner. The learned Advocate for the Petitioners submits on instructions that this letter was never served on her, inasmuch as, her signature appearing on the verification to this Petition, as well as, on the identity card at page No.13, may be perused which indicates a completely different signature.

We find that a single glance at the signature of the Petitioner below the verification and her identity card, convinces us that it is completely different than the signature shown to us by the learned Advocate for the Corporation at page No.90. Nevertheless, we do not intend to go into this controversy for the sheer reason that there is nothing on record, to prove the Respondent’s contention. In fact, it proves two things. Firstly, that the Petitioner was never promoted on a post reserved for the backward category. And secondly, that the proposal of the Petitioner was never forwarded to a Competent Scrutiny Committee for dealing with her NT-D Tribe Certificate under the provisions of the Maharashtra Scheduled

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Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.

In the absence of any evidence that the Petitioner was appointed on a post reserved for a backward category, there is no requirement for tendering a validity certificate. Had the Petitioner’s promotion been on the reserved post in the admitted backdrop of the Petitioner having been appointed from the Open Category, the need for a validity certificate could have arisen. For these reasons, we find that this Petition deserves to be accepted.

This Court has delivered a judgment on 19^th October, 2022 at the Nagpur Bench, in the case of Uday S/o Murlidhar

Kohat Vs. State of Maharashtra and Ors. (WP No.2474 of 2021), wherein this Court had noted that until the retirement of the said Petitioner, she was never called upon to tender a Validity Certificate. Hence, this Court directed the employer to finalize the Petitioner’s pension papers and release the pensionary benefits within three months.

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In view of the aforestated reasons and on drawing a conclusion that neither the Petitioner was appointed or promoted on a reserved post, nor is there any evidence that her proposal was forwarded for seeking Validity Certificate, this Writ Petition is allowed.

Respondent Nos. 2 to 4 are directed to formalize the pension proposal of the Petitioner and ensure that her pension payment commences within a period of 90 days from today. Arrears of pension amount along with statutory interest, shall be payable to her within a period of 90 days.

Rule is made absolute in the above terms.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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