C A V Judgment

1. These two writ petitions arise out of interconnected facts and involve overlapping issues and, therefore, are being disposed of by this common order.

2. In WPS No. 1836/2022, the petitioner seeks for following reliefs:-

10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to this case.

10.2 That, this Hon'ble Court may kindly be pleased to allow the petition and direct the respondent to release the retiral benefit immediately along with 10% interest on the amount to be paid.

10.3 That any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.

10.4 That, this Hon'ble Court may kindly be pleased to allow this petition & set aside the impugned order dated 19.06.23 passed by the concerning respondent authorities & direct them to immediate release the pension, Gratuity, GPF, Leave-in encashment & GIS & other retiral benefits of the petitioner, in the interest of justice.

3. In WPC No. 2026/2023, the petitioner seeks for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and set aside the order dated 23.12.2022 passed by High Power Caste Scrutiny Committee cancelling the caste certificate of the petitioner, in the interest of justice.

10.2 The Hon'ble Court may kindly be pleased to allow the petition and declare that the petitioner is entitle for retiral benefits, in the interest of justice.”

4. Since the petitioner’s entitlement to pensionary benefits is dependent upon the validity of the caste certificate under challenge, and the facts in both petitions are common, they are being decided together and are narrated hereunder:

5. (a) The facts, in brief, are that the petitioner was appointed on the post of Assistant Director against a vacancy reserved for a Scheduled Caste candidate on the strength of a caste certificate issued in his favour showing his caste as “Banjara”. The petitioner continued in service for a considerable period and, upon attaining the age of superannuation, retired on 30.06.2021 after handing over charge on the same date.

(b) It is not in dispute that on the date of retirement, no departmental enquiry or criminal case was pending against the petitioner. However, despite such retirement, the petitioner was not extended his retiral/pensionary benefits, including pension, gratuity, GPF, leave encashment and GIS. Even provisional/anticipatory pension was not sanctioned. The petitioner is stated to have made several representations to the competent authorities seeking release of the aforesaid dues, but the same did not yield any result. For which the petitioner approached this Court by filing WPS No.1836/2022.

(c) In the interregnum, proceedings for verification of the petitioner’s caste certificate were initiated by the District Level Caste Verification Committee. The petitioner was called upon to appear and to produce documents in support of his caste status. According to the petitioner, though the initial communication was not duly served, he subsequently appeared before the authority and furnished all requisite documents.

(d) The matter was thereafter referred to the High Power Caste Scrutiny Committee. The Vigilance Cell conducted an enquiry and sought further information from the petitioner, which was duly supplied. The petitioner also made efforts to procure old revenue and other records in support of his caste claim, but was informed that such records were not readily available. The High Power Committee issued show cause notices to the petitioner from time to time. In response, the petitioner submitted replies asserting that he belongs to “Banjara” community and that no misrepresentation or suppression of facts had been made while obtaining the caste certificate.

(e) However, upon consideration of the material on record, the High Power Caste Scrutiny Committee, vide order dated 23.12.2022, came to the conclusion that the caste “Banjara” is recognized as falling unde