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Sushil Kataria (DM)     19 December 2013

Invalid caste certificate

Dear Sir,

An employee of Central PSU got appointed on the basis of ST certificate issued by the Tehsildar of state of maharashtra.  Employee was employee in the year 1995 and the certificate was issued prior to them.  In the year 2000 Bombay high court asked for the scrutiny of all the caste certificates.  Now the certificate issued to the employee got invalidated / cancelled by the scrutiny committee of the Maharashtra.  As per the certificate issued by the Tehsildar the caste is Mahadeo Koli which falls under ST category but as per the scrutiny committee the caste of employee Koli or Son Koli which falls under the SBC category in the state of Maharashtra.  As per scrutiny committee the caste certificate was taken by the employee by the  fraudulent means.  SBC do not get any reservation benefit in central govt jobs.  Now employee says that he should get protection of the job as the state of maharashtra is giving protection to all the koli/son koli who got appointment on the basis of invalid caste certificates on the basis of some Govt of maharashtra order.  But so far there is no instructions from Central govt regarding this that the koli/son koli should get protections. 

1.  Now the question is whether the employee should get the job protection or not.

2.  If the employee has to be terminated then what all the penalties should be imposed on him. like not giving him company contribution of PF or not giving gratuity etc. or filing FIR.

Thanks & Regards.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 December 2013

filing invalid  certificates is a criminal case. Penalties &  imprisonment punishments are there after proper enquiry from the departments concern.

Sudhir Kumar, Advocate (Advocate)     20 December 2013

agreed                                                                  


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