Oral Judgment: (B.R. Gavai, J.)
1. Rule. Rule is made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.
2. The petitioner has approached this Court being aggrieved by the order dated 21/01/2016, thereby respondent No.1-Committee has invalidated the caste claim of the petitioner.
3. The petitioner, however, has given up his claim with regard to challenge the order disputing his caste invalidation and has now restricted his claim in the present petition only for protecting his service.
4. The petitioner, claiming to be belonging "Halba-Scheduled Tribe", came to be appointed by respondent Nos.2 and 3 in the year 1997. Since the petitioner claimed to be belonging Scheduled Tribe, his caste claim was referred to respondent No.1-Committee for scrutiny. The Committee has found that the petitioner belongs to "Halba-Koshti" and not "Halba-Scheduled Tribe".
5. Be that as it may. The Larger Bench of this Court in the case of Arun s/o Vishwanath Sonone Vs. State of Maharashtra and others - 2015 (1) Mh.L.J. 457 has held that all such persons, who have been appointed in service long back, would be entitled to protection of their services on the ground of length of service. However, it has been held that in case, if there is finding of practicing fraud while securing employment, such employee would not be entitled to get the benefit of said protection.
6. Undisputedly, a perusal of the impugned order would reveal that there is no finding of fraud recorded by respondent No.1-Committee. In that view of the matter, we find that the petitioner is entitled to the benefit of protection in view of the law laid down in the case of Arun Sonone (supra).
7. In the result, rule is made absolute by directing respondent Nos.2 and 3 to protect the services of the petitioner. However, it is made clear that the petitioner would not be entitled to claim any of the benefits as are available to the candidates belonging to Scheduled Tribe category. Even, the respondents are at liberty to withdraw the promotion, if any, granted to the petitioner considering him to be belonging to the Scheduled Tribe.