Mumbai: The Urban Development Department is soon expected to decide whether to grant service benefits – including pensions – to 58 BMC employees whose dismissal was ordered by the Supreme Court in 2017.
These 58 people were among a group of 130 employees whose dismissal was ordered after they failed to submit valid Scheduled Tribes certificates.
Following the SC order, the state decided to protect these 130 employees, and issued a government resolution accommodating them in supernumerary position. Out of those 130 employees, 58 were not accommodated, and they retired from service without any benefits.
The 72 employees who were accommodated were granted service benefits despite failing to validate their ST status. These employees have now retired, and most of them have received the benefits, including pension, provident fund and leave encashments.
“The BMC’s General Administration Department has sent the file to the state Urban Development Department for a final decision on whether to grant them [the 58 who were left] service benefits, including pensions. The decision from the UDD is expected in the next eight to 10 days,” a BMC officer said on condition of anonymity.
Meanwhile, the Organisation for Rights of Tribal (OFROT) has challenged the state government’s decision in the Bombay High Court, saying that it not only defied the Supreme Court’s order, but protected persons who had committed the criminal offence of producing fake caste / tribal certificates.
“The people who snatched government jobs of genuine tribals are criminals, and instead of punishing them the state government is protecting them,” said Rajendra Moraskolhe, who has filed the writ petition.
“First, in 2019 the state government protected them by accommodating them in supernumerary positions, and in 2022 it allowed them all service benefits. This is injustice against tribals,” Moraskolhe told The Free Press Journal recently.
The OFROT has demanded the cancellation of service benefits to employees with fake ST certificates, but also demanded filling up of 12,500 positions taken up by general or other backward class category candidates.
“In 2018 the advocate general of Maharashtra submitted in the HC that the state government has at least 12,500 employees who have failed to validate ST certificates. This means the opportunity of getting government jobs for 12,500 tribals was taken away. We demand to fill an equal number of positions under the ST category and do justice with tribals,” Moraskolhe said.
His petition is scheduled for hearing on February 18. On the other hand, the Municipal Engineers Association (MEA) has written to the BMC commissioner asking him to release service benefits of all employees who have failed to validate their ST certificates.
“Other municipal corporations in Maharashtra, like the Nagpur Municipal Corporation, Nagpur Government College, Kolhapur Zilla Parishad and Akola Zilla Parishad, have granted service benefits as per the GR. We have requested the BMC commissioner to make an administrative decision to implement the same rule for BMC,” MEA Executive Chairman Ramesh Deshmukh said.
“It is shocking that there are general category employees who have got government jobs under Scheduled Tribe reservation. This is not only an injustice to deserving reserved category citizens but unconstitutional. Such employees should be dismissed, rather than allowing them service benefits. There should be legal action against such people. It will set an example and future injustice will be prevented,” another BMC officer said.
