THE PRINCIPAL GENERAL MANAGER BHARAT SANCHAR NIGAM LTDversusSTATE OF MAHARASHTRA THRU. SECRETARY AND ANR

                                                                      905-wP.800.2026.doc


JVS.
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                             WRIT PETITION NO. 800 OF 2026

       The Principal General Manager                  }
       Bharat Sanchar Nigam Limited                   }      Petitioner
             Versus
       State of Maharashtra & Anr.                    }      Respondents

       Ms. Neeta Masurkar with Ms. A. R. Shrivastava i/b.
       Reliable Legal Partners, Advocates for the Petitioner.
       Mr. O. A. Chandurkar, Additional Government Pleader
       with Mr. Ketan Joshi, ‘B’ Panel Counsel for
       Respondent No. 1-State.
       Mr. Ramesh T. Diwate, Advocate for Respondent No. 2.

                       CORAM:       SHREE CHANDRASHEKHAR, CJ. &
                                    SUMAN SHYAM, J.

                       DATE:        23rd JANUARY 2026

       P.C.:
               Aggrieved by the order dated 19 th June 2025 passed in
       Original Application No. 223 of 2022 by the Central Administrative
       Tribunal, Mumbai Bench, Mumbai (in short, Tribunal), the Bharat
       Sanchar Nigam Limited (in short, BSNL) through its Chief Managing
       Director and other officers has filed this writ petition under Article
       226 of the Constitution of India. The operative portion of the order
       passed by the Tribunal reads thus :-
                “(i)   Application is allowed.
                (ii) Condition of withholding pension subject to production of caste
                validity certificate in order dated 31 st January, 2020 (Annexure-A
                colly.) to the extent of para 3 stands set aside.
                (iii) The respondents shall release pensionary benefits and ex-gratia
                payment to the applicant in terms of the VRS Scheme within three
                months from the date the respondents receive certified copy of this
                order.
                (iv) Pending Mas, if any, stand closed. No costs.”


                                                 1
                                                    905-wP.800.2026.doc


2.   Before the Tribunal, an ex-employee of the BSNL who is the
respondent no. 2 in the present proceedings laid a challenge to the
order dated 30th January 2020 by which the retiral benefits
including ex-gratia payments were withheld till the time he
produced his caste validity certificate.
3.   Ms. Neeta Masurkar, the learned counsel for the petitioner-
BSNL submits that a disciplinary proceeding was initiated against
the respondent no. 2 under Rule 61 of the BSNL Conduct,
Discipline and Appeal Rules, 2006 (in short, the Rules of 2006). The
BSNL proceeded against the respondent no. 2 by virtue of the Office
Memorandum dated 30th November 2021 and provided provisional
pension to him pending the departmental proceedings. However,
the respondent no. 2 did not produce his caste validity certificate
notwithstanding several directions issued to him before his
superannuation date.
4.   This is the submission made on behalf of the petitioner-BSNL
that an employee who is not entitled to seek appointment in a caste
category is liable to be dismissed from service and he cannot claim
any benefit of his past service.
5.   The respondent no. 2 who was appointed on 22 nd March 1990
as a Telephone Operator was made permanent on 16 th January
1992. He appeared in LDCE for the post of Junior Engineer under
40% quota. At the time of his appointment, the respondent no. 2
filled an attestation form wherein he disclosed his caste as the
Scheduled Tribe. On this basis, the petitioner-BSNL contends that
the respondent no. 2 belongs to the Scheduled Tribe.
6.   However, the Tribunal has rendered a finding that no material
was produced before it to establish that the respondent no.2
belongs to a reserved category. There is an endorsement in his
service records that he belongs to the caste-Mahadev Koli but,


                                   2
                                                                            905-wP.800.2026.doc


                        nowhere it is indicated in his appointment letter that he was
                        appointed on a seat reserved for the Scheduled Tribe. Besides that,
                        we may also indicate that Rule 61 of the Rules of 2006 shall not
                        apply in case of the respondent no. 2 inasmuch as Rule 61 provides
                        for continuance of a disciplinary proceeding which was initiated
                        against the delinquent employee but not concluded before he
                        attained the age of superannuation. The Tribunal referred to the
                        decision of this Court (Nagpur Bench) dated 23 rd March 2022 in
                        Writ Petition No. 547 of 2021 titled “Namdeo s/o. Dashrath Nikhare
                        v. Secretary, Public Works Department, Mantralaya & Ors.” and held
                        that withholding of pension of the respondent no. 2 till he produces
                        his caste certificate is illegal. In “State of Jharkhand & Ors. v.
                        Jitendra Kumar Srivastava & Anr.” (2013) 12 SCC 210, the Hon’ble
                        Supreme Court held that the pensionary benefits of a government
                        employee cannot be withheld on the ground that a disciplinary
                        proceeding is continuing against him.
                        7.   In view of the aforesaid discussion, Writ Petition No. 800 of
                        2026 is dismissed.
           Digitally
           signed by
           JAYANT
JAYANT     VISHWANATH
VISHWANATH SALUNKE
SALUNKE    Date:
           2026.02.05
           11:45:15
           +0530


                         [SUMAN SHYAM, J.]                              [CHIEF JUSTICE]




                                                         3