Service Law – Invalid Tribe Certificate – Exercise of power u/Art.142 of the Constitution of India to protect retiral and pensionary benefits – Claim of the appellant of belonging to the “Tokre Koli” Scheduled Tribe was invalidated by Scrutiny Committee – Order affirmed by High Court – Challenge to – Alternatively, appellant prayed for protection of the retiral and pensionary benefit since he has retired:
Held: Generally, invalidation of a caste or tribe claim upon verification would have consequences in law – However, in exceptional circumstances where equities of the case so warrant, the power u/Art.142 of the Constitution of India may be exercised to do complete justice – Appellant entered service with respondent No.3 in the year 1994 and continued in service until the date of his retirement on 30.06.2025, which is more than three decades, thus it is appropriate to ensure that he is not deprived of his retiral and pensionary benefits – During the pendency of this appeal, the appellant continued in service pursuant to the interim order of this Court dated 18.11.2021 and ultimately retired on attaining the age of superannuation – Further, the appellant has placed on record his affidavit stating that he has no children and that none of his family members has derived any benefit from the caste certificate issued to him – In view of the facts and circumstances of the present case, exercising power u/Art.142 of the Constitution of India, the service rendered by the appellant with respondent No.3 from 21.10.1994 until his date of retirement on 30.06.2025 is protected for the limited purpose of computation and release of his retiral and pensionary benefits, in accordance with the applicable service rules – Order passed by the Scrutiny Committee, insofar as it invalidates the claim of the appellant of belonging to the “Tokre Koli” Scheduled Tribe, and the impugned judgment passed by High Court affirming the same, do not warrant interference – Appellant entitled to the retiral and pensionary benefits – Constitution of India – Art.142. [Paras 12-14, 16]
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.
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