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R. SUBRAMANIAN, L. VICTORIA GOWRI
Life Insurance Corporation of India Ltd. , Through its Senior Divisional Manager, Madurai – Appellant
Versus
Chairman, State Level Scrutiny Committee – II, Chennai – Respondent
JUDGMENT
(Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings in a letter No.13704/CV-2(2)/2017-6 dated 17.07.2019 on the file of the first respondent and to quash the same and further direct the first respondent to complete the enquiry into the Community status of the third respondent within the reasonable time as may be stipulated by this Court.)
Common Order:
R. Subramanian, J.
1. These writ petitions are taken up together for disposal since the issues involved are one and the same.
2. In W.P(MD)No.5771 of 2023, the petitioner seeks for a Mandamus forbearing the respondents from verifying the petitioner''s community certificate and consequently, directing the second respondent, employer to release the pension, gratuity, earned leave encashment and other retirement benefits. In W.P(MD)No.9979 of 2020, the employer challenges the order of the State Level Scrutiny Committee, dated 17.07.2019, in and by which, the Committee closed the enquiry.
3. The facts relating to these writ petitions are as follows:-
The petitioner in W.P(MD)No.5771 of 2023, Mr.Karthikeya
The main legal point established in the judgment is that once the genuineness of a community certificate has been verified and affirmed, there cannot be a re-verification, and new material received a....
Repeated verification of community certificates for employees appointed before 1996 is impermissible unless fraud or procedural irregularities are established.
Verification of community status after retirement is a wasteful exercise and purely academic, as emphasized by the Hon'ble Apex Court in similar cases.
The importance of constitutional norms and the goal of achieving an egalitarian society.
The judgment establishes that repeated verifications of Community Certificates are improper, and the State Level Scrutiny Committee did not have jurisdiction for a second verification.
The court ruled that caste certificate verification is not limited by the date of appointment, emphasizing the necessity of addressing fraudulent claims to uphold constitutional rights.
Employers can initiate disciplinary proceedings against employees for producing forged community certificates, independent of the genuineness of the community itself.
The judgment establishes the principle that SC/ST employees are eligible for benefits under the OM, dated 12.09.1990, allowing them to move to open category, and are entitled to receive consequential....
The High Court may issue a writ of mandamus directing administrative authorities to expeditiously complete an ongoing verification process of a community certificate, provided the principles of natur....
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