NDLI: R Sundaram Vs. The Tamil Nadu State Level Scrutiny Committee & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Scheduled Tribe Validity Community Certificate Service Law Post Retirement Benefit
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Scheduled Tribe – Community Certificate – Validity – Post Retirement Benefit – Effect – Appellant was appointed as clerk-cum-shroff in the respondent bank on the basis of the community certificate – The appellant served in service for 38 years and was to set to retire but just before 2 days of his superannuation, he received a cessation order on the ground that his caste certificate being false and all his retirement benefits except PF were withheld from him – Aggrieved by this, the appellant approached High Court – High Court remanded the matter back to the scrutiny committee – The scrutiny committee held that the caste certificate of the appellant was not correct based on vigilance and experts reports – Aggrieved by this, the appellant again approached the High Court, but the writ petition and the contempt petition were dismissed on the ground that despite fair opportunity being granted to the appellant, he did not abided by the same – On appeal, held: Appellant before applying for the said post had supplied all documents supporting his claim as a ST candidate – However, reevaluation of the authenticity of the documents were kept pending for 19 years – In the present case the clear pattern of harassment is visible as the cessation order was received by the appellant just two days before his superannuation after completing a service of 38 years and that on the date of passing of cessation order, no case was pending against the appellant – Also, it is evident that the appellant was not given an opportunity of being heard in the fresh scrutiny which was being conducted as the notice issued to the appellant was not actually served upon him as admitted by the postal department since the same was served to someone else – Further, the respondents’ claim that appellant’s community certificate was fake, was not proved – Two reports declaring the community certificate of the appellant as fake were submitted after inordinate delay and both reports have not allowed participation of appellant – Thus, impugned orders set aside – Appellant entitled to post-retirements benefits.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2023 INSC 249
Petitioner	R Sundaram
Respondent	The Tamil Nadu State Level Scrutiny Committee & Ors.
SCR	[2023] 2 S.C.R. 1037
Judgement Date	2023-03-17
Case Number	1770

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