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Civil · Reportable judgment

K. Nirmala & Ors. vs Canara Bank & Anr.

Court
Supreme Court of India
Date
28 August 2024
Case No.
Civil Appeal No(s). 9916-9920 of 2024
Result
Allowed
Bench
Hima Kohli, Sandeep Mehta
Citation
[2024] 8 S.C.R. 868 : 2024 INSC 634
Acts & Sections
Constitution
Supreme Court Reports [2024] 8 S.C.R. 868 : 2024 INSC 634
Issue for consideration
Whether a person who joined the services of a Nationalized Bank/Government of India undertaking based on a certificate that identified him/her as belonging to a Scheduled Caste/Scheduled Tribe in the State of Karnataka, pursuant to the State Government’s notifications, would be entitled to retain the position after the caste/tribe was de-scheduled.
Headnote

Service Law – Appellants were employed by respondent No.1-bank in the Scheduled Castes Category based on Caste Certificates obtained following due process of law, certifying that they belonged to the ‘Kotegara’ community, a synonymous caste which was made equivalent to the caste called ‘Kotegar Matri’ (included in the Scheduled Castes list) by a Circular issued by the State of Karnataka – However, in view of the decision of the Constitution Bench in Milind case holding that any inclusion/exclusion in or from the list of Scheduled Castes can only be made through an Act of Parliament u/Articles 341 and 342 of the Constitution of India, the State of Karnataka de-scheduled the castes of the appellants – Show cause notices issued to the appellants to show cause as to why their services be not terminated – Writ petitions filed by appellants, rejected by High Court – Interference with:

Held: Impugned judgments quashed and set aside – Proposed action of the respondent banks in issuing show cause notices to the appellants, is unsustainable and quashed – Circulars dated 11.03.2002 and 29.03.2003 were issued by State Government protecting the employment of those who benefited by these Caste Certificates obtained prior to issuance of the aforesaid circulars – Thus, appellants are entitled to protection of their services by virtue of the circular dated 29.03.2003, as ratified by communication dated 17.08.2005 issued by the Ministry of Finance, which specifically extended protection to various castes including those which were excluded in the earlier Government circular dated 11.03.2002 and covered the castes such as Kotegara, Kotekshathriya, Koteyava, Koteyar, Ramakshathriya, Sherugara and Sarvegara, ensuring that individuals of these castes holding Scheduled Castes Certificates issued prior to de-scheduling would be entitled to claim protection of their services albeit as unreserved candidates for all future purposes – The aforesaid communication dated 17.08.2005 reinforced the protective umbrella to the concerned bank employees and also saved them from departmental and criminal action. [Paras 35, 37]

Keywords: Articles 341 and 342 of the Constitution of India · Government circular · De-scheduling of castes · Castes de-scheduled · State of Karnataka · Scheduled Caste (SC)/Scheduled Tribe (ST) · Scheduled Castes Certificates · Castes redesignated under the list of SC/ST · Scheduled Castes Category · Caste Certificates · ‘Kotegara’ community, ‘Kotegar Matri’ · Synonymous caste · Scheduled Castes list · Show cause notices · Nationalized Bank/ Government of India undertaking · False or fake Caste Certificates

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Mehta, J. 1. Heard. 2. Leave granted. 3. This batch of appeals, which involves identical questions of fact and law, arises from the judgments delivered by the Division Bench of the High Court of Karnataka, as listed in the table below. Given the similarities, the appeals have been heard together and are being decided collectively. SLP No(s). Writ Appeal No(s). Date of Impugned Judgement Concerned Respondents/ Employer Community (Scheduled Caste/ Scheduled Tribe) Special Writ Appeal 24th April, Leave No. 189-193 2019 Petition(C) of 2019 No. 1348413488 of The Can
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