Facts
The petitioner was appointed as a Patwari in 1998 under the Scheduled Tribe (ST) category based on a "Halba" caste certificate.
Source reference: para. 4, 8Following the Supreme Court’s decision in *State of Maharashtra v. Milind (2001)*, it was clarified that "Halba-Koshti" is not an ST; however, the Union and State governments issued circulars protecting appointments made prior to 28.11.2000.
Source reference: para. 4, 9When the State attempted to withdraw this protection in 2016, the petitioner obtained a protective order in WPS No. 616/2016, which was affirmed by the Division Bench and the Supreme Court.
Source reference: para. 2, 4Consequently, the petitioner was promoted to Revenue Inspector in the General Category.
Source reference: para. 4, 10Despite this finality, the High Level Caste Scrutiny Committee invalidated his certificate in 2019, and the Respondent No. 3 terminated his services on 14.09.2023 without a departmental inquiry or hearing.
Source reference: para. 2, 4, 6Issues
1. Whether the respondent authorities were legally justified in terminating the petitioner's services based on his caste status despite prior judicial orders granting service protection.
Source reference: para. 22. Whether the principles of *res judicata* and finality of litigation prohibit the reopening of the petitioner's service protection status.
Source reference: para. 2, 5Law Applied
The Court applied the doctrine of protection for bona fide appointments made prior to 28.11.2000 as established in *State of Maharashtra v. Milind (2001) 1 SCC 4*.
Source reference: para. 9, 11It further relied on the principle of *res judicata* and the finality of binding judicial decisions as articulated in *Daryao v. State of U.P. (AIR 1961 SC 1457)*.
Source reference: para. 13The Court also applied the precedents of *Gajanan Marotrao Nimje v. RBI (2019) 12 SCC 639* and *R. Unnikrishnan v. V.K. Mahanudevan (2014) 4 SCC 434*, which prohibit the collateral disturbance of service protections once granted by final court orders.
Source reference: para. 5, 12, 13Reasoning
The Court reasoned that since the petitioner was appointed on 29.04.1998, he squarely falls within the cut-off date (28.11.2000) for service protection established by the Supreme Court and subsequent Government circulars.
Source reference: para. 9, 14The Court noted that the issue of the petitioner’s service protection had already attained finality through previous litigation (WPS No. 616/2016 and WA No. 542/2016), which was upheld by the Supreme Court’s dismissal of the State's SLP.
Source reference: para. 2, 10The Court observed that the Caste Scrutiny Committee’s 2019 order invalidating the certificate could not override these binding inter-party judicial directions.
Source reference: para. 5, 15Furthermore, the summary termination without a disciplinary inquiry or hearing violated the principles of natural justice.
Source reference: para. 4, 15The Court held that while the petitioner cannot claim future ST benefits, his existing service is shielded from termination by the doctrine of finality.
Source reference: para. 14, 16Holding
The Court allowed the petition and set aside the termination order dated 14.09.2023.
It held that the petitioner is entitled to reinstatement with continuity of service and all consequential benefits.
Source reference: para. 16The Court directed that the petitioner be treated as a General Category employee for all service purposes effective from 28.11.2000 and shall not be entitled to any ST (Halba) benefits henceforth.
Source reference: para. 16Compliance was ordered within eight weeks.
Source reference: para. 16Original Court PDF
Kishore Kumar Ninawe v. State of Chhattisgarh & Ors. [WPS No. 8211 of 2023 (2026:CGHC:10583)]
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