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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Maran Sarkar – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. factual background of employment and termination. (Para 2 , 3 , 4) |
| 2. arguments related to entitlement and fraud. (Para 5 , 6 , 7) |
| 3. court analysis of case law on employment fraud. (Para 8 , 12 , 14 , 15 , 19) |
| 4. equity cannot override fraudulent claims. (Para 16 , 20 , 21 , 22) |
| 5. ruling of appeal based on findings. (Para 23) |
JUDGMENT
S.G. Chattopadhyay, J. - This writ appeal is directed against the judgment and order dated 20.11.2018 passed by the learned Single Judge in WP(C) No.1374 of 2017 whereby the relief, sought for, was declined to the petitioner and his writ petition was dismissed.
2. The factual backgrounds of the case are as under:-
The petitioner (appellant herein) was appointed as a Sub-Inspector of Police w.e.f. 01.10.1989. Since he did not get any promotion, the benefit of Career Advancement Scheme (CAS) was extended to him. On his completion of 10 years of service, he was favoured with the first upgradation of scale of pay under the Tripura State Civil Services (Revised Pay) Rules, 1999 w.e.f. 02.10.1999. Similarly, the second upgradation of scale under the Assured Career Progression (ACP) was also released in favour of the petitioner w.e.f. 02.10.2009
Fraudulent appointments in public service lead to the forfeiture of all related employment benefits, and courts will not entertain claims based on equitable considerations where fraud is present.
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
Pension and retirement benefits are contingent on a legal appointment; invalidation of a caste certificate does not retroactively nullify benefits already accrued unless fraud is established.
Terminal benefits cannot be withheld due to investigation outcomes about caste status unless fraud is proven, ensuring retired employees receive due compensation for services rendered.
(1) When a person secures appointment on the basis of a false certificate, he cannot be permitted to retain benefit of wrongful appointment.(2) An OBC candidate cannot be retained in a ST category po....
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