Supreme Court of India
Punjab National Bank & Anr vs Vilas, S/O Govindrao Bokade & Anr on 22 March, 2007
Bench: V.S. Sirpurkar
CASE NO.:
Appeal (civil) 1547 of 2007
PETITIONER:
Punjab National Bank & Anr
RESPONDENT:
Vilas, S/o Govindrao Bokade & Anr
DATE OF JUDGMENT: 22/03/2007
BENCH:
V.S. Sirpurkar
JUDGMENT:
JUDGMENT O R D E R (Arising out of SLP (C) No.15544 of 2005) WITH CIVIL APPEAL NO.1548
OF 2007 (Arising out of SLP (C) No.15534 of 2005) Punjab National Bank . Appellant Versus Ku.
Nirmala D/o Balaji Patansaongkar . Respondent
1. I have had the benefit of seeing the order passed by Justice H.K. Sema directing the dismissal of
the appeals filed by the Punjab National Bank. I would chose to give my reasons while agreeing with
my learned Brother that the appeals deserve to be dismissed. The followings are my reasons:
2. The High Court after referring to the Government Resolution dated 30.6.2004 and relying on the
reported decision of this Court in State of Mahrashtra vs. Milind & others [(2001) 1 SCC 4], allowed
the writ petition setting aside the order of termination. The Resolution dated 30.6.2004 emanates
from the Government Resolution dated 15.6.1995. The corresponding para 4 of the Resolution dated
15.6.1995 reads as under: "4. The reservation given to the abovementioned 'Special backward
Category' will remain as a backlog for direct service recruitment and promotion. The principle of
crimilayer will not apply to this category. The persons in the category who have prior to this on the
basis of scheduled tribe certificate obtained admission in the government, semi government services
on promotion they should not be removed from this promotion or service."
Corresponding paragraph 4 of the Government Resolution dated 15.6.1995 was reiterated in
paragraph (a) of the Government Resolution dated 30.6.2004 which reads as under:
"(a) The non tribal who have received recruitment promotion in the government/semi governmental
services on the reserved seats for the scheduled tribes prior to 15th June, 1995, should not be
removed from service or should not be demoted. They should be shown in the constituent to which
they belong. Henceforth the reservation benefits entitled to that particular constituent will be due to
them and the vacated posts in this manner should be filled from the tribal category."
Punjab National Bank & Anr vs Vilas, S/O Govindrao Bokade & Anr on 22 March, 2007
Indian Kanoon - http://indiankanoon.org/doc/770198/ 1
Punjab National Bank & Anr vs Vilas, S/O Govindrao Bokade & Anr on 22 March, 2007
Bench: V.S. Sirpurkar
CASE NO.:
Appeal (civil) 1547 of 2007
PETITIONER:
Punjab National Bank & Anr
RESPONDENT:
Vilas, S/o Govindrao Bokade & Anr
DATE OF JUDGMENT: 22/03/2007
BENCH:
V.S. Sirpurkar
JUDGMENT:
JUDGMENT O R D E R (Arising out of SLP (C) No.15544 of 2005) WITH CIVIL APPEAL NO.1548
OF 2007 (Arising out of SLP (C) No.15534 of 2005) Punjab National Bank . Appellant Versus Ku.
Nirmala D/o Balaji Patansaongkar . Respondent
1. I have had the benefit of seeing the order passed by Justice H.K. Sema directing the dismissal of
the appeals filed by the Punjab National Bank. I would chose to give my reasons while agreeing with
my learned Brother that the appeals deserve to be dismissed. The followings are my reasons:
2. The High Court after referring to the Government Resolution dated 30.6.2004 and relying on the
reported decision of this Court in State of Mahrashtra vs. Milind & others [(2001) 1 SCC 4], allowed
the writ petition setting aside the order of termination. The Resolution dated 30.6.2004 emanates
from the Government Resolution dated 15.6.1995. The corresponding para 4 of the Resolution dated
15.6.1995 reads as under: "4. The reservation given to the abovementioned 'Special backward
Category' will remain as a backlog for direct service recruitment and promotion. The principle of
crimilayer will not apply to this category. The persons in the category who have prior to this on the
basis of scheduled tribe certificate obtained admission in the government, semi government services
on promotion they should not be removed from this promotion or service."
Corresponding paragraph 4 of the Government Resolution dated 15.6.1995 was reiterated in
paragraph (a) of the Government Resolution dated 30.6.2004 which reads as under:
"(a) The non tribal who have received recruitment promotion in the government/semi governmental
services on the reserved seats for the scheduled tribes prior to 15th June, 1995, should not be
removed from service or should not be demoted. They should be shown in the constituent to which
they belong. Henceforth the reservation benefits entitled to that particular constituent will be due to
them and the vacated posts in this manner should be filled from the tribal category."
Punjab National Bank & Anr vs Vilas, S/O Govindrao Bokade & Anr on 22 March, 2007
Indian Kanoon - http://indiankanoon.org/doc/770198/ 1
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