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.

ORDER

Per: Justice Sunil Thomas, Judicial Member –

Review Application No. 180/00001/2022 and Contempt Petition No. 180/00014/2021 in Original Application No. 180/00186/2020 –

The applicant retired from BSNL under the VRS Scheme 2019, with effect from 31.1.2020. During his service, he had availed huge loans from KSFE, Union Bank and Cooperative Banks, to the tune of Rs. 27 lakhs. Consequent to his voluntary retirement, BSNL initiated steps to effect recovery towards the loan repayment from his pensionary benefits. OA 186/2020 was filed to resist the recovery of amount from the pensionary benefits. The applicant contended that the loan recovery extends to 31.3.2022, his actual date of superannuation. Hence, it was contended that it was prematurely sought to be recovered. The creditors were arrayed as respondents Nos. 6, 7 and 8.

2. The contention of the BSNL was that unless the applicant comes to an agreement with the creditors and absolve of BSNL from its future liabilities, BSNL was under an obligation to recover the dues for the creditors from the pensionary benefits and hence, the amount due as pensionary benefits cannot be released to the applicant.

3. By an order dated 19.2.2021 of the Tribunal, OA was dismissed as not pressed, recording certain submissions. It was recorded that when the matter came up before it, the counsel for the applicant submitted that he had no objection in releasing the amount kept by the official respondents to his creditors and he will not press for the reliefs sought by him in the OA. It was also recorded that the official respondents and the 7^th respondent did not raise any objection to this submission. Accordingly, the Tribunal directed the official respondents to release the amount kept pending at their disposal to the creditors, who had approached the respondents for payment, if there was no civil dispute pending regarding apportionment.

4. It seems that in the meanwhile, certain issues were raised regarding the caste status of the applicant. The applicant had entered into the service of the BSNL claiming himself to be a scheduled tribe ‘Mala Arayan’ and produced a caste certificate. On the basis of it, the GM of BSNL required the scrutiny committee for verification of community certificate to enquire into the real caste status of the applicant.

5. The scrutiny committee directed the KIRTADS to conduct an anthropological study and inquiry into the real caste status of the applicant. After conducting an inquiry, the vigilance officer of KIRTADS submitted an inquiry report dated 5.11.2020. Pursuant to it, the scrutiny committee after giving an opportunity of being heard to the applicant, by its proceedings dated 3.3.2021 passed an order, rejecting the claim of the applicant that he belonged to ‘Mala Arayan’ a Scheduled Tribe and held that he in fact belonged to Araya comm