IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE B.S. PATIL WRIT PETITION NO OF 2012 [S-R]

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1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 28 TH DAY OF MARCH 2016 BETWEEN BEFORE THE HON BLE MR. JUSTICE B.S. PATIL WRIT PETITION NO OF 2012 [S-R] SRI RAMADAS S/O. DURGAPPA SIRSIKAR AGE: 60 YEARS, OCC: MANAGER INDIAN BANK (RETIRED), R/O. 1 ST MAIN, 5 TH CROSS, VIDYANAGAR, YALLAPUR ROAD, SIRSI, DIST: UTTAR KANNADA... PETITIONER (BY SRI RAMACHANDRA MALI, ADVOCATE) AND 1. THE INDIAN BANK HRM DEPT. CORPORATE OFFICE , AVVAI SHANMUGAM SALAI ROYAPETTAH, CHENNAI BY ITS CHAIRMAN/MD 2. THE ASST. GENERAL MANAGER (HRM) HRM DEPT. CORPORATE OFFICE INDIAN BANK , AVVAI SHANMUGAM SALAI ROYAPETTAH, CHENNAI 3. THE ZONAL MANAGER INDIAN BANK, ZONAL OFFICE

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

3 : 3 : THIS WRIT PETITION COMING ON FOR FURTHER ARGUMENTS, THIS DAY THE COURT MADE THE FOLLOWING:- O R D E R 1. Petitioner is a retired employee of 1 st respondent-indian Bank. He retired from service on attaining the age of superannuation on after having served the Bank for more than 38 years. 2. Petitioner joined services of the respondent- Bank as Clerk on He had produced the caste certificate issued by the Tahasildar, Sirsi on , showing him as a person belonging to Koli caste coming under scheduled Tribe. It appears, Deputy Superintendent of Police, Directorate of Civil Rights Enforcement, Belagavi had informed the respondent-bank stating that petitioner had obtained a false caste certificate hence requested the Bank to furnish

4 : 4 : information to conduct investigation. The Civil Rights Enforcement Cell, Belagavi also proceeded to register a complaint against the petitioner. 3. Petitioner challenged this action by filing WP No.755/1989. The petition was dismissed. Thereafter, the Tahasdildar, Sirsi, without conducting any enquiry cancelled the caste certificate on This was again challenged before this Court in WP No.22406/1994. The writ petition was disposed of on on the basis of the orders passed in similar matters in WP No.21713/1994. It is necessary to notice that in the said judgment this Court recorded the submission of learned Advocate General that State would constitute a committee as contemplated in the decision rendered by the Supreme Court and the Committee would look into the entire matter. The respondent-bank acting on the basis of the report

5 : 5 : submitted by the Superintendent of Police, Civil Rights Enforcement Cell, Belagavi and the orders passed by the Tahasildar canceling caste certificate, issued a show cause notice to the petitioner calling upon him to show cause why his services should not be terminated. He was given seven days time to submit reply, failing which it would be presumed that he had no valid explanation to offer. Petitioner was notified by the Bank that based on the certificate produced by him showing that he belonged to Koli community he was appointed under the quota meant for scheduled tribe candidates as per the appointment order dated But, the report submitted by the Civil Rights Enforcement Cell, Belagavi disclosed that a false certificate had been produced and the Tahasildar, Sirsi had cancelled the said certificate.

6 : 6 : 4. This show cause notice was challenged in WP No.12220/1996. This Court dismissed the writ petition vide order dated Thereafter no action was taken against the petitioner. He continued to discharge his duties as an employee of 1 st respondent-bank and retired from service on attaining the age of superannuation on Thereafter, the Bank has issued an endorsement dated vide Annexure-H informing the petitioner as under: Please refer our Zonal Office, Bangalore letter dated addressed to you intimating the cancellation of the community certificate (ST-Koli community) submitted by you (at the time of appointment in the Bank under reserved category) by Tahasildar Sirsi. Further you are aware that the Community certificate submitted by you at the time of appointment in the Bank

7 : 7 : was referred to the District Collector, Karwar for verification of your Community Status (ST-Koli Community). However, no final report of the appropriate authority relating to verification of your community status/certificate has been received so far and the verification process is still pending. In view of the fact that the final report on verification of your community certificate is awaited and the same is under process, the Competent Authority has decided to place you under cessation of service. Accordingly in terms of Regulation 20(3)(iii) of Indian Bank (Officers ) Service Regulations, 1979, you will cease to be in service of the Bank on the date of superannuation, i.e Consequently, you will not be entitled for the payments of retirement benefits till the proceedings are completed and final orders are passed thereon, except your own contribution to CPF.

8 : 8 : 6. Thus, it emerges that the Bank has acted allegedly in terms of regulation 20(3)(iii) of Indian Bank (Officers ) Service Regulations, 1979 and informed the petitioner that he had ceased to be in service of the Bank on the date of superannuation i.e. on and that he would not be entitled for payment of retirement benefit till the proceedings initiated against him were completed and final order was passed. It is this endorsement that has been challenged by the petitioner before this Court. 7. I have heard learned counsel for petitioner and the 1 st respondent-bank and as also learned AGA who appears for the State Government and the Tahasildar, Sirsi. It is apparent that matter pertains to issuance of controversial caste certificate, particularly, regarding the castes such as Nayaka, Naik, Beda, Walmiki, Pariwara,

9 : 9 : Talawar, Bestha, Koli and other such communities to whom benefit available to the scheduled tribe were extended by the State Government. The Government of India stated that decision of the State Government to treat various castes as synonyms to of Nayaka has to be discontinued consequent upon the decision rendered by the Apex Court. Government of India in their letter has objected for having extended benefits, which was meant for Scheduled Tribes to persons belonging to communities that were not included in the list of Scheduled Tribes. 8. Taking note of this aspect and also keeping in mind the order already passed by the State Governments based on which several Public Sector Undertakings/Banks/Corporations/ Departments who had appointed many employees were initiating action against those employees whose caste certificates had been latter on found

10 : 10 : to be incorrect on verification of the Directorate of Civil Rights Enforcement, the State Government issued a Government Order dated in G.O. No. SWD 713 SAD 93 modifying the earlier Government Order and making it clear that benefit of reservation given to different communities vide Government Order issued earlier including to the members of Koli community ceased to have any effect and all persons belonging to such community who had obtained scheduled tribe certificate shall surrender them immediately to the issuing authority for cancellation and that shall not be liable for penal action provided they surrendered their certificates and the issuing authority shall cancel such certificate. The said government order further made it clear that benefits of reservation obtained by such persons shall not be disturbed. In this connection the Government

11 : 11 : Order made following four aspects very clear. It is useful to extract the same here:- 1. Enquiries pending before various Departments, Verification Committee, Appellate authorities, CRE cell and other authorities stand abated or dropped. 2. Action shall be taken to withdraw the cases filed before any Court. 6. Suspension orders if any in such cases stands revoked. 4. Pensionary benefits that are withheld shall be released. 9. In Para No.4 of the Government Order it is again made clear that appointments already made in respect of persons belonging to Pariwara, Talawar, Maalcru, Kuruba, Besta and Koli communities who had obtained employment under ST quota shall be treated as appointments under

12 : 12 : General Merit category w.e.f. the date of the Government Order; they shall not be eligible for any promotion or any other benefits as STs in future. However, they could claim benefits under the respective category of other Backward Classes to which they belonged as per the existing Government Order. 10. The government also made it clear that separate orders shall be issued regarding the manner in which vacancy lost to STs on account of G.O.s issued by the State Government to treat aforementioned castes as synonyms of Nayaka for reservation under the STs category had to be restored. 11. Apparently, on account of this Government order, matters referred to Caste Scrutiny Committee were not proceeded with and such of the employees who had secured appointment

13 : 13 : under ST category because of the Government Orders issued by the State Government were allowed to continue in their employment and retire from their service, but without claiming any further benefit for promotion etc., on the basis of reservation. 12. It is in this background, although, the controversy pertaining to the petitioner s caste was referred for enquiry and verification to the Caste Verification Committee constituted at District Level of each district as back as in the year 1998, nothing has been done by the Castes Verification Committee because of the Government Order. The Government Order makes it very clear that such verifications, investigations or enquiries including cases pending before the Disciplinary or Appellate authority shall stand abated.

14 : 14 : 13. Learned Addl. Government Pleader fairly submits that as the concerned employee who had obtained the certificate based on the Government Order was not guilty of obtaining false caste certificate and as the caste certificate had been issued by the jurisdictional Tahasildar, based on the Government Order issued by the State Government, the Government had to protect the interest of such persons. 14. Indeed in the facts of the present case there is no allegation of fraud or misrepresentation against the petitioner in obtaining the caste certificate. The Bank has proceeded on the basis of the report submitted by the Civil Rights Enforcement Cell, which had stated that caste certificate produced by the petitioner was false. Therefore, I am of the view that in the absence of any misrepresentation, fraud or other illegality committed by the petitioner and in the light of the

15 : 15 : caste certificate issued in his favour by the jurisdictional Tahasildar based on the Government Order issued by the State Government making it clear that certain castes such as Talawara, Beda, Koli etc., were synonyms of Nayaka and were entitled for reservation under the schedule tribe category the petitioner cannot be penalized, that too after his services were utilized for nearly 38 years until he retired on attaining the age of superannuation. 15. The impugned endorsement issued by the Bank states that according to regulation 20(3)(iii) of Indian Bank (Officers ) Service Regulations, 1979 petitioner shall be debarred from receiving any retirement benefits because of pending departmental or judicial proceedings. No departmental proceedings have been initiated either prior to the date of superannuation of petitioner or as on the date of superannuation.

16 : 16 : There are no judicial proceedings pending against the petitioner. As already referred to above proceeding relating to verification of the caste of petitioner pending before the Caste Verification Committee has stood abated in view of the Government Order issued. Therefore, petitioner cannot be denied retirement benefits in the guise of invoking power under regulation 20(3)(iii) of The said provision cannot be made applicable in the facts of the case. Question of invoking pension regulation 46 of the Indian Bank (Employees) Pension Regulations 1995, to withhold gratuity on the basis of the alleged pendency of the proceedings against the petitioner does not arise as no proceeding is pending. Indeed, impugned endorsement also does not speak about the same. 16. Therefore, looked from any angle, impugned endorsement cannot be sustained. Writ petition

17 : 17 : therefore succeeds. Endorsement Anne xure-h is set aside. A direction is issued to respondent No.1-Bank to pay entire retiral benefits as expeditiously as possible at any rate within four weeks from the date of receipt of a copy of this order. Sbs* SD/- JUDGE