SC: The benefits granted as per any judgment can’t be taken away in collateral proceedings

A two-judge bench of the apex court on 10.10.2018 in S.G. BARAPATRE & ORS. V. SHRI ANANTA GAJANAN GAIKI & ORS. (CIVIL APPEAL NO(S). 10387-10388/2018) granted the permission to file special leave petition(s) against the orders of the High Court of Judicature at Bombay, Bench at Nagpur. The bench comprised of:-

• JUSTICE KURIAN JOSEPH
• JUSTICE S. ABDUL NAZEER

FACTS: Some of the appellants were parties before the High Court who declined to subject themselves to caste scrutiny and, therefore, pursuant to the directions of the High Court their services were to be discontinued and their payments or dues were not to be released. The High Court further directed to recover the payments already made and asked the Food Corporation of India or the Reserve Bank of India to also initiate necessary steps within next two months to recover payments or dues released, from the employees who had given up caste claim.

The Food Corporation of India challenged this order and filed special leave petition(s) before the Supreme Court which was dismissed. Review Petition(s) was also attempted and the same was also dismissed.

ISSUES:

Whether High Court was right in discontinuing the services and not releasing the dues to the people who declined to subject themselves to caste scrutiny?

OBSERVATIONS: The Supreme court of India, while deciding the case, observed that:-

• The employees covered by the HC’s judgment shall only be entitled to the benefits which have been granted specifically in paragraph 18 of the judgment.
• For all purposes, those people would get themselves arrayed in the general category as on 28.11.2000 and placed below the last of the general category candidate as on that date.
• The benefits which had been granted as per the judgment of the High Court could not be taken away in collateral proceedings.

HELD: The Supreme Court modified the impugned orders to the extent what court observed while deciding the case and appeals along with pending applications were disposed of with no orders as to costs.

For full judgement refer: https://www.supremecourt.gov.in/supremecourt/2018/18893/18893_2018_Judgement_10-Oct-2018.pdf