01Facts
The petitioner was appointed as a Patwari in 1998 under the Scheduled Tribe (ST) category based on a "Halba" caste certificate.
¶ 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.
¶ 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.
¶ 2, 4Consequently, the petitioner was promoted to Revenue Inspector in the General Category.
¶ 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.
¶ 2, 4, 602Issues
i.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.
¶ 2ii.2. Whether the principles of *res judicata* and finality of litigation prohibit the reopening of the petitioner's service protection status.
¶ 2, 503Law 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*.
¶ 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)*.
¶ 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.
¶ 5, 12, 1304Reasoning
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.
¶ 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.
¶ 2, 10The Court observed that the Caste Scrutiny Committee’s 2019 order invalidating the certificate could not override these binding inter-party judicial directions.
¶ 5, 15Furthermore, the summary termination without a disciplinary inquiry or hearing violated the principles of natural justice.
¶ 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.
¶ 14, 1605Holding
The Court allowed the petition and set aside the termination order dated 14.09.2023.
¶ 15, 17It held that the petitioner is entitled to reinstatement with continuity of service and all consequential benefits.
¶ 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.
¶ 16Compliance was ordered within eight weeks.
¶ 16Original Court PDF
Kishore Kumar Ninawe v. State of Chhattisgarh & Ors. [WPS No. 8211 of 2023 (2026:CGHC:10583)]
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![Service protection granted by final judicial orders cannot be reopened through subsequent administrative caste scrutiny.. Kishore Kumar Ninawe v. State of Chhattisgarh & Ors. [WPS No. 8211 of 2023 (2026:CGHC:10583)]. Chhattisgarh High Court. LawLens](/stories/thumbnails/service-protection-granted-by-final-judicial-orders-cannot-be-reopened-through-subsequent--4d855eda8f2049319e079c2d1ff6f799.webp)