The Supreme Court docket on Thursday (September 3) in train of its inherent powers underneath Article 142 of the Structure has protected the retiral and pensionary advantages of a retired worker, whose neighborhood certificates was subsequently discovered to be invalid after rendering over 25 years in service.
A bench of Justice Aravind Kumar and Justice Vipul M. Pancholi heard the enchantment filed by a Junior Engineer (Civil) who was appointed with the Municipal Company of Higher Mumbai in 1994 based mostly on a neighborhood certificates belonging to ‘Tokre Koli’ Scheduled Tribe. Afterward, in 2020, the caste certificates was declared invalid by the scrutiny committee, whose determination was upheld by the Bombay Excessive Court docket, resulting in the submitting of an SLP earlier than the Supreme Court docket by the retired worker.
In the course of the pendency of the enchantment, the appellant continued in service pursuant to the interim order of the Court docket and finally retired on attaining the age of superannuation in 2025. Since, the appellant is now retired, he alternatively prayed for cover of the retiral and pensionary advantages of the appellant relying upon the Court docket’s determination in Surekha Baljorsingh Thakur v. Caste Scrutiny Committee & Anr. (2024).
Whereas justifying the scrutiny committee’s and Excessive Court docket’s order declaring the Appellant’s caste certificates as invalid, the Court docket, nevertheless, deemed it applicable to guard the retiral and pensionary advantages of the Appellant for the continual providers rendered by him for over three a long time.
“…having thought of the info and circumstances of the case and noting that the appellant entered service with respondent No. 3 within the 12 months 1994 and continued in service till the date of his retirement on 30.06.2025, which is for greater than three a long time, we think about it applicable to make sure that the appellant isn’t disadvantaged of his retiral and pensionary advantages.”, the Court docket mentioned.
Other than Surekha Baljorsingh Thakur, the reference was drawn from the case of Chairman and Managing Director, Meals Company of India & Ors. v. Jagdish Balaram Bahira & Ors. (2017), the place the three-judge bench of the Supreme Court docket acknowledged that, though ordinarily an appointment secured on the premise of an invalid caste or tribe certificates wouldn’t survive, the Court docket could, in an applicable case, train its energy underneath Article 142 to render full justice.
“In view of the info and circumstances of the current case, we’re inclined to train our energy underneath Article 142 of the Structure of India, and accordingly, the service rendered by the appellant with respondent No. 3 from 21.10.1994 till his date of retirement on 30.06.2025 shall be protected for the restricted objective of computation and launch of his retiral and pensionary advantages, in accordance with the relevant service guidelines.”, the Court docket held.
“It’s clarified that the safety granted hereinabove shall not quantity to validation or recognition of the declare of the appellant of belonging to the “Tokre Koli” Scheduled Tribe. Neither the appellant nor any member of his household shall be entitled to say any future profit on the premise of the invalidated caste certificates.”, the Court docket clarified.
Because of this, the enchantment was partly allowed.
Trigger Title: SHIRISH PANDHARINATH PATIL VERSUS THE STATE OF MAHARASHTRA & ORS.
Quotation : 2026 LiveLaw (SC) 898
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For Petitioner(s) : Mr. Sudhanshu S. Choudhari, Sr. Adv. Mr. R.Okay. Mendadkar, Adv. Mr. Vatsalya Vigya, AOR Ms. Gautami Yadav, Adv. Ms. Pranjal Chapalgaonkar, Adv. Mr. Yash Singhania, Adv. Ms. Aanchal Rathore, Adv.
For Respondent(s) : Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Aditya Krishna, Adv. Ms. Sushmita Pandey, Adv. Ms. Arunima Das, Adv. Mr. Ashwin Arun Hirulkar, Adv. Ms. Kunika Bansal, Adv. Mrs. B. Sunita Rao, AOR Mr. Divyansh Kumar, Adv.
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