Pension – Withheld for Pendency of Tribe Claim Verification – Illegal
Pension – Withholding – Pendency of Tribe Claim Verification
The petitioner belongs to Thakur Scheduled Tribe. He was appointed as Driver on 18.06.1982 on the reserved post.
On 20.12.2011, the tribe claim was sent to the Scheduled Tribe Caste Scrutiny Committee for verification.
On 31.5.2017, the petitioner had retired on superannuation pending verification of his tribe claim before the Committee.
In 2019, the tribe claim was invalidated. However, the High Court has set-aside the said order and remanded the matter to the Scrutiny Committee. The same is still pending.
However, the pension of the petitioner was withheld on the ground that he has not produced the tribe validity certificate.
On 17.11.2025, the petitioner made application for pensionary benefits. However, on 11.2.2026, the petitioner was informed that since the High Court did not pass an order for grant of pension, he cannot be granted pension.
Petitioner could not have been deprived of his pensionary benefits in these circumstances, more particularly, when he had joined service in the year 1982 on a reserved post and in the regular course of his service was permitted to superannuate on 31.05.2017, after rendering about 35 years of service. Relying on the decision of the Supreme Court in the case of State of Jharkhand v. Jintendrakumar Shrivastav1, the Petitioner is correct in his contention that pensionary benefits as well as gratuity cannot be withheld and the same would be violative of the Petitioner’s right under Article 300-A of the Constitution of India.
We find that the contentions as canvassed on behalf of the Petitioner are no more res integra in view of the recent decision of this Bench in Ratnamala Anilkumar Swami v. State of Maharashtra and Another, wherein, in similar circumstances, and also taking into consideration the policy of the State Government in regard to employees belonging to Scheduled Tribes who did not have Caste Validity Certificates. It was held by this Court that once the Petitioner was permitted to discharge his duties and was allowed to retire on attaining the age of superannuation, the pension cannot be withheld. Such policy of the State Government was contained in Government Resolution dated 27.12.2019, which made a specific provision, as a humanitarian measure, for long years of service rendered by such employees belonging to Scheduled Tribe category.
Judgment dated 2.9.2026 of the High Court of Bombay in Writ Petition No.8598 of 2026 of Padmakar Dayakaram Bhamre Vs. State of Maharashtra and another
Withholding of Pension for Pendency of Tribe Claim Verification Proceeding is Illegal
