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J. NISHA BANU, N. MALA
V. Perumal – Appellant
Versus
Tamil Nadu State Level Scrutiny Committee – III, Adi Dravidar and Tribal Welfare Department, Chennai – Respondent
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.749
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.
The State Level Scrutiny Committee has the authority to scrutinize community certificates and make decisions based on evidence. The court will not interfere with the Committee's decision unless there....
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 main legal point established in this judgment is that the State Level Scrutiny Committee must follow the proper procedure for verification of community certificates, including providing an opport....
Prior final judicial decrees on community status bind Scrutiny Committee; executive cannot override via later cancellation.
The court emphasized the importance of following the guidelines for verification of Scheduled Tribe community certificates and upheld the impugned order based on the findings of the Vigilance Committ....
Repeated inquiries for verification of caste certificates would be detrimental to members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case th....
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