Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.
Based on the caste certificate dated 20.7.1982, the petitioner had secured appointment as Teacher. Subsequently, the said certificate was referred to the Scrutiny Committee.
In the meanwhile, the appellant retired from service on superannuation.
On 25.7.2017, the Committee had annulled the caste certificate and her claim for pensionary benefits was also rejected. The writ petition against the said order was also dismissed by the High Court.
HELD that although the admissions or appointments made based on false caste certificate would be rendered void and non est. However, the only exception for grant of benefit would be to exercise power under Article 142 of the Constitution of India.
Having considered the facts and noted that the appellant joined the service in 1992 and continued till retirement in 2017, it is considered appropriate to ensure that the appellant is not denied retiral benefits. However, it is made clear that the annulled caste cannot be utilized for any purpose whatsoever, either by the appellant or her family members.
Order dated 1.4.2024 Civil Appeal No. of 2024 arising out of SlP (Civil) No.15632 of 2021 of Surekha Baljorsingh Thakur Vs. Caste Scrutiny Committee and Another arising from the judgment dated 2.12.2019 in WP No.7559 of 2017 of the High Court of Bombay at Nagpur)
