Caste certificate by unauthorized authority void ab initio; State verification Act applies to Central employees; post-retirement proceedings timely if from suspension within 4 years; New Pension Rules govern pre-2004 retirees.

ORDER

Per: Justice M.G. Sewlikar, Member (J)

By this application under Section 19 of the Administrative Tribunals Act, applicant is assailing Charge Memorandum dated 26^th December, 2023 and direction to the respondents to release her retiral benefits.

2. Facts in nutshell are that the applicant was appointed as Inspector in the Department of Central Excise on 13^th September, 1988. At the time of joining the department, she had furnished a caste certificate issued by the Additional Chief Metropolitan, Magistrate, Dadar, Mumbai, in which it is stated that she belongs to Scheduled Tribe i.e. Hindu Mahadeo Koli. This certificate (Annexure- A-4) was issued to the applicant on 06^th August, 1980.

2.1 According to her averments, at the time of applying to the Staff Selection Commission in 1987, the Maharashtra Verification of Caste Certificate Act, 2000 (Maharashtra Act, 2000) was not in force and there was no requirement in the Central Government to get her caste certificate validated from the Caste Scrutiny Committee.

2.2 In the year 1987-88, the only requirement was that the caste certificate should be issued by the competent authority. The Maharashtra Act of 2000 came into force on 23^rd May, 2001, is restricted to the State of Mahrashtra only.

2.3 The applicant completed her probation successfully by 1990 and had put in 13 years of service on a permanent basis when the Maharashtra State Act, 2000 came into force in May, 2001. The provisions of this Act do not apply to the Central Government servants.

2.4 The applicant contends that she was promoted as Assistant Commissioner of Customs and Central Excise in the year 2018 and she was relieved by relieving order dated 26th July, 2018 to join the promotional post of Assistant Commissioner, Group-A.

2.5 From the year 2017-18, the respondents started asking the applicant to get her caste certificate validated from the Caste Scrutiny Committee. The Maharashtra Act, 2000 does not apply to Central Government servants and, therefore, the demand of respondents was not justified. She received letter dated 24th December, 2018 wherein she was asked to submit the Caste Validity Certificate or duly filled Form “E” and “F” online. The said demand was not proper as it was not supported by any Rules or law. She has submitted her Form “E” and “F” offline long time back.

2.6 Respondent no. 1 placed the applicant on suspension by passing the order dated 26^th August, 2020. The applicant was allowed to superannuate on 31^st August, 2020. The suspension was ordered 4 days prior to the date of her superannuation.

2.7 The applicant superannuated on 31^st August, 2020. At that time, CCS (Pension) Rules, 1972 were applicable to the applicant. The Rules in force on her superannuation will govern the retirement dues payable to the applicant.

2.8 After two months of her retirement, provisional pension was sanctioned to the applicant under Rule 69 of the CCS (Pension) Rules, 1972. According to her, following amounts were not paid to her:-

(a) Commutation of Pension Rs.20,00,000/-

(b) Gratuity Rs.20,00,000/-

(c) Leave Encashment Rs.5,00,000/-

(d) Regular pension on Superannuation

2.9 The withholding of retiral dues is against the law as no departmental proceedings were initiated on the date the applicant was suspended nor any proceedings were initiated while she was in service nor any proceedings were initi