Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 2006
  6. /
  7. January

Supreme Court Decisions/Judgements Directory

L I C Of India vs Sushil

Judges: Arijit Pasayat, S H Kapadia J U D G M E N T Arising Out Of Slpc No 26572 Of 2004 Arijit Pasayat J Leave Granted Challenge In This Appeal Is To The Order Passed By A Division Bench Of The Bombay High Court Nagpur Bench Nagpur The Respondent Had Secured Employment In The Life Insurance Corporation Of India Hereinafter Referred To As The Lic The Appellant In This Appeal On The Basis That He Belongs To Scheduled Tribe Undisputedly His Caste Was Recorded As Halba Committee For Scrutiny And Verification Of Tribe Claims Amaravati Vide Its Order Dated 30 4 2004 Held That Respondent S Claim Of Belonging To Scheduled Tribe Was Wrong Unfounded And Was A Fraudulent Claim The Order Was Questioned By Respondent Before The High Court By Filing A Writ Petition Before The High Court Learned Counsel For The Writ Petitioner Submitted That The Writ Petitioner Was Willing To File An Undertaking To The Effect That He Will Not Claim Any Benefit On The Basis Of His Case As Halba Either In His Service Or Anywhere Else At Any Time For Himself As Well As For His Legal Heirs With Reference To A Judgment Of This Court In State Of Maharashtra V Milind And Ors 20011 Scc 4 The High Court Held That In View Of The Undertaking The Writ Petitioner S Services Were Not To Be Terminated Notwithstanding Invalidation Order Passed By The Scrutiny Committee Learned Counsel For The Lic Submitted That The Approach Of The High Court Is Clearly Erroneous In Milind S Case Supra This Court Never Laid Down Any Principle Of Law Having Universal Application The Observations In Para 38 Of The Judgment Were Limited To The Peculiar Facts Of The Case The High Court Erroneously Proceeded On The Basis That The Decision Laid Down A Rule Of Universal Application In Response Learned Counsel For The Respondent Submitted That The Respondent Had Already Rendered About 14 Years Of Uninterrupted And Blemishless Service And Merely Because He Could Not Establish His Scheduled Tribe Claim The Benefit Already Granted Should Not Have Been Withdrawn It Was Pointed Out That Undertaking In The Lines Noted By The High Court Had Already Been Filed This Court In R Vishwanatha Pillai V State Of Kerala And Others 20042 Scc 105 And Lillykutty V Scrutiny Committee Sc, St And Others 20058 Scc 283 Have Considered The Effect Of Non Genuine Certificates In The

23 January, 2006·CASE NO.:Appeal (civil) 719 of 2006 PETITIONER:L.I.C. of India RESPONDENT:Sushil DATE OF JUDGMENT: 23/01/2006 BENCH:ARIJIT PASAYAT & S.H. KAPADIA @ J U D G M E N T (Arising out Of SLP(C) No.26572 of 2004) ARIJIT PASAYAT, J.Leave granted.Challenge in this appeal is to the order passed by a Division B...