Supreme Court Slams Denial of Post-Retirement Benefits Based on Alleged False Caste Certificate

In a significant ruling, the Supreme Court of India strongly criticized the denial of post-retirement benefits to an individual based on an alleged false caste certificate. The bench, comprising of Justice Aniruddha Bose and Justice Krishna Murari, held that the right to receive pensionary benefits is a constitutional right that cannot be taken away without proper justification. The court emphasized that the treatment given to the appellant was appalling and a clear pattern of harassment was evident throughout the prolonged legal battle.

The judgment, delivered on 17th March 2023, pertained to Civil Appeal No. [Number]/2023 arising from Special Leave Petition (Civil) No. [Number]/2023. The appellant, R. Sundaram, was appointed as a clerk-cum-shroff in a bank on the basis of a community certificate. However, two days before his retirement, he received a cessation order citing the alleged falsity of his caste certificate, resulting in the withholding of his retirement benefits, except for the provident fund.

Justice Krishna Murari, in the judgment, stated, "The right to pensionary benefit is a constitutional right and as such cannot be taken away without proper justification." The court further emphasized that the grant of pensionary benefits is not a mere bounty but a right of the employee, which cannot be denied without valid grounds.

The court observed that the appellant had been subject to years of harassment, with an inordinate and unexplained delay of 19 years in completing the verification of his community certificate. The bench noted that the proceedings lacked the essential principles of natural justice, as the appellant was not given the opportunity to be heard or cross-examine witnesses. The denial of a fair chance to defend his identity, especially in a case where the authenticity of a community certificate was being challenged, violated the principle of "Audi Alteram Partem."

Supreme Court held that the appellant was entitled to the post-retirement benefits accrued to him after 38 years of service. The respondent bank was directed to grant all withheld benefits to the appellant along with 6% simple interest on account of the unnecessary withholding of payment.

DATE: 17th March, 2023

R SUNDARAM   vs THE TAMIL NADU STATE LEVEL  SCRUTINY COMMITTEE & ORS.