ORDER :

The present appeal is arising out of the order dated 02.04.2019 passed in WP.No.29870/2014 by the learned Single Judge granting arrears of salary and benefit of past services rendered by the sole respondent after he has been reinstated back in service.

2. The facts of the case reveal that the respondent before this Court was appointed as a clerk in the services of Canara Bank under the reserved category (Scheduled Tribe) on the basis of a caste certificate issued on 17.11.1977 by the Tahsildar, Shorapur, which certified that he was a member of ‘Kadukuruba’ community, which is a scheduled tribe. Some complaint was lodged in the matter and the District Caste Verification Committee, Gulbarga, submitted a report dated 18.09.2002 giving a finding that the respondent does not belong to scheduled tribe. The findings of the District Caste Verification Committee was communicated to the appellant – bank vide letter dated 09.01.2003. The Tahsildar, Shorapur, cancelled the caste certificate vide order dated 26.03.2003.

3. That the appellant –bank keeping in view the guidelines issued by the Ministry of Finance, Department of Economic Affairs (Banking Division) dated 30.04.2003 terminated the services of the respondent vide order dated 29.04.2003. The respondent being aggrieved by the termination came up before this Court by filing a writ petition i.e., WP.No.24992/2003 and this Court has granted an interim order on 16.05.2003. The appellant – bank permitted the respondent to join duty on 10.06.2003. Finally, the aforesaid writ petition was disposed of on 02.01.2007 quashing the order dated 26.03.2003 and the Deputy Commissioner, Gulbarga, was directed to hold an enquiry as to whether the employee in question belongs to ‘Kadukuruba’ or ‘kuruba’ community and to pass necessary orders within three months, that too, after affording an opportunity to the employee in question.

4. That the appellant – bank again terminated the services of the respondent vide proceedings dated 31.07.2008 and the same was again subjected to judicial scrutiny in WP.No.40303/2008 before this Court. The learned Single Judge vide order dated 06.11.2009 has allowed the writ petition directing reinstatement of the respondent subject to the orders which may be passed by the Caste Verification Committee. The appellant – bank has thereafter preferred a writ appeal against the order of the learned Single Judge i.e., WA.No.10012/2010 and by an order dated 18.2.2010 the order passed by the learned Single Judge dated 6.11.2009 in WP.No.40303/2008 was stayed. The writ appeal was finally disposed of on 9.12.2010 holding that the rival parties will be bound by the determination of the Caste Verification Committee. It was also held that in case the Caste Verification Committee upholds the caste certificate dated 17.11.1977 issued by the Tahsildar, the order of termination dated 29.04.2003 passed by the appellant – bank and all consequential orders will be deemed to be set aside and the order passed by the learned Single Judge dated 6.11.2009 allowing WP.No.40303/2008 will be deemed to be upheld and in the said eventuality, the respondent – employee shall be entitled to all consequential benefits.

5. That the facts further reveal that the Caste Verification Committee finally came up with a conclusion that the respondent – employee belongs to ‘kadukuruba’ community, which comes under scheduled tribe category and the respondent – employee communicated the findings to the appellant – bank three days prior to his superannuation. The findings were signed by the District Commissioner, Yadgir, on 27.09.2013 and the order is dated 16.09.2013. In the meanwhile, the respondent – employee attained superannuation on 30.09.2013 and the appellant -bank considering the fact that the respondent – employee stood superannuated on 30.09.2013, vide proceedings dated 4.12.2013 ordered that the respondent – employee has already been superannuated and therefore, the period up to which he has worked la