The importance of constitutional norms and the goal of achieving an egalitarian society.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the proceedings of the first respondent i.e. Tamil Nad State Level Scrutiny Committee dated 24.12.2020 and quash the same and consequently direct the respondents 2 and 3 to continue to pay the provisional pension to the petitioner.)

J. Nisha Banu, J.

1. Heard the counsels for both sides.

2. The issue involved, in brief, is that the petitioner got appointed to Bank of Baroda in the year 1989, under reservation category, earmarked for Scheduled Tribes. He had presented a caste certificate issued by Tahsildar, Attur as ''Hindu Kaatunayakam'' community belonging to the Scheduled Tribe. Until 2015, there had been no problem and thereafter, the Bank of Baroda filed W.P.No.8573 of 2015 before this Court. This Court disposed of the petition directing the State Level Enquiry Committee to conduct enquiry and pass orders on merit.

3. Even when the proceeding was pending, the petitioner attained superannuation on 31.12.2018. The terminal benefits including pension, leave encashment, commutation etc. were not paid. Therefore, the petitioner filed W.P.No.7490 of 2019 before this Court. This Court, disposed of the petition, by directing Bank of Baroda to consider the claim of the petitioner herein, on merits, after providing due opportunity of hearing the petitioner.

4. In compliance of the above order of this Court, the petitioner was given an opportunity and he had put forth his case before the respondent Bank on 09.09.2019. Thereafter, the respondent Bank issued a letter, dated 23.09.2019, enclosing the minutes of personal hearing held on 09.09.2019. In the letter, they stated that they are following up with the Committee and stated that the petitioner may also follow up with the Committee. The request to pay gratuity was also repelled by the respondent Bank, citing an order of this Court, which got eventually overturned by the Hon''ble Supreme Court.

5. As the respondent Bank could not pass orders as directed by this Court in order dated 29.03.2019 in W.P.No.7490 of 2019, the petitioner filed a 3rd writ petition in W.P.No.34794 of 2019 before this Court for issue of writ of Mandamus, directing the respondent Bank to disburse all retirement monetary benefits, including pension etc. and that petition is still pending.

6. Thereafter, vide proceeding No.7551/CV-5/2015-12 dated 24.12.2020, the State Level Committee found his caste certificate false and withdrew his certificate. It refused to consider the adjournment of hearings sought by the petitioner on health/COVID grounds. It held that he belonged to ''Hindu Man ottar community'' and not ''Hindu Kaatunayakken community''. Now, the petitioner fears that along with the retirement benefits that accrued out of his services, his provisional pension could also be stopped. Therefore, he filed this Writ Petition to quash the order of the State Level Committee, mainly on the ground of violation of the principles of natural justice as he was not provided with effective opportunity to produce evidences to defend his case. He had also sought to stay the order pending disposal of this writ petition.

7. The menace of unscrupulous individuals manoeuvring the system to obtain false caste certificates and securing admissions to education institutions and employment in Government and public sectors effectively depriving the constitutional rights of deserving communities had been a challenge for public administration for many reasons. The fact that very often, the applications for community certificates are moved by parents/guardians when the beneficiaries are still minors, compounds the problem. The complexity of the best known methods and the enormity of time in probing the anthropological roots of the individuals to determine their caste/community adds up to the challenge. This lead to courts taking varying decisions at varying points of time on matters of admissions and