NAFR RJAATGHVENDRADsRJA iA igg T nG iteH adl V by EyNDRA HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4030 of 2023

1 - Smt. Vidya Dekate W/o Shri P.P. Dekate, Aged About 61 Years Occupation Retired As Administrative Officer Lic, R/o J-10, Rajiv Nagar, Shankar Nagar, Extension, Raipur, District : Raipur, Chhattisgarh.

... Petitioner(s)

versus

1 - Life Insurance Corporation Of India Through Its Chairman, Jeevan Bima Marg, Nariman Point, Mumbai, Maharashtra, 400021.

2 - Executive Director (Personnel) -Cum-Disciplinary Authority, Life Insurance Corporation Of India, Central Office, Yogakshema, Jeevan Bima Marg, Mumbai, Maharashtra, 400021.

3 - Manager, Personnel And Industrial Relations, Life Insurance Corporation Of India, Divisional Office, Jeevan Prakash Jeevan Bima Marg, Post Box No. 10, Pandari, Raipur, District : Raipur, Chhattisgarh.

4 - Manager (Os/dm), Life Insurance Corporation Of India, Divisional Office, Jeevan Prakash Jeevan Bima Marg, Post Box No. 10, Pandari, Raipur, District : Raipur, Chhattisgarh.

... Respondent(s)

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

11/03/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 Call for the entire records from the possession of respondents, for kind perusal of this Hon'ble Court.

10.2 This Hon'ble Court be pleased to quash the impugned notice Annexure P-1 and the impugned letter Annexure P-2 by issuing a writ in the nature of certiorari.

10.3 This Hon'ble Court be pleased to direct the respondents to pay the pension, gratuity and other post retiral benefits to the petitioner along with adequate interest thereon.

10.4 This Hon'ble Court be pleased to pass such other orders as it may deem fit under the facts and circumstances of the case, in favour of the petitioner against the respondents including the cost of litigation.”

2. Brief facts of the case, is that, the petitioner belongs to the aboriginal tribe “Halba” community, which is recognized as a Scheduled Tribe under the Presidential Order, 1950 issued pursuant to Article 342 of the Constitution of India, and a caste certificate to this effect was issued on 20.03.1977 by the Office of the Collector, Raipur. The petitioner was born and brought up in the Halba community, her ancestors being residents of Pawani Tehsil, District Bhandara, which, as on 06.09.1950, fell within the State of Madhya Pradesh, and it is pertinent that Raipur, now in the State of Chhattisgarh, also formed part of Madhya Pradesh on the said date. The petitioner’s father was employed with the Khadi and Village Industries Commission and was posted at Raipur, and during his service tenure the petitioner completed her primary education from Nasik, Maharashtra. Thereafter, she obtained her B.A. degree in 1982 from Ravi Shankar University, Raipur, and subsequently secured employment with the Life Insurance Corporation of India as an Assistant on 10.11.1989 after successful completion of training, later completing her LL.B. in 1994 with due permission from her employer, and, owing to her sincere and diligent service, she was promoted to the post of Administrative Officer and posted at Mahasamund, while serving in the said capacity, the High-Level Caste Scrutiny Committee, Chhattisgarh, passed an erroneous and perverse order dated 23.08.2019 cancelling her caste certificate without following due procedure of law, which was challenged by the petitioner before this Hon’ble Court in WPC No. 4154 of 2019, wherein the operation of the said order was stayed vide order dated 20.11.2019 and the petition remains pending, with interim relief continued vide order dated 04.10.2021. Despite the subsistence of the stay order, the petitioner was served with a charge sheet- cum-show cause notice dated 31.12.2019 alleging that she had misled LIC and wrongfully obtained employment, proposing disciplinary action including dismissal and withholding of gratuity and pensionary benefits, to which the petitioner submitted a detailed reply dated