Karnataka High Court
The State Bank Of India vs Smt.Umadevi D/O Shivputarappa ... on 17 June, 2021
Author: R.Devdas
Bench: R.Devdas
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JUNE, 2021
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MS. JUSTICE J.M.KHAZI
WRIT APPEAL No.100399/2019 (S-RES)
BETWEEN:
THE STATE BANK OF INDIA,
BY ITS REGIONAL MANAGER,
REGION 3, LIC BUILDING,
BASAVESHWAR CIRCLE, GOAWAYS,
BELGAVI-590011. ..APPELLANT
(BY SRI SURESH S.GUNDI, ADV.)
AND:
SMT.UMADEVI,
D/O SHIVPUTARAPPA MUCHANDIMATH,
W/O UMESH SHIGALLIMATH,
AGE:61 YEARS, R/O No.227,
BUDA PLOT, SHANTINAGAR,
NEAR CONGRESS WELL, TILAKWADI,
BELGAVI-590006. ...RESPONDENT
(BY SRI PRASHANT KADADEVAR AND
SRI PRAVEEN KUMAR RAIKOTE, ADV.)
THIS APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO CALL
FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE
ORDER DATED 26.03.2019 PASSED IN WRIT PETITION
NO.104810/2018, IN THE INTEREST OF JUSTICE AND EQUITY.
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THIS APPEAL COMING ON FOR HEARING, THIS DAY,
R.DEVDAS J., DELIVERED THE FOLLOWING:
JUDGMENT
R.DEVDAS J., (ORAL):
This writ appeal is filed by the State Bank of India where the respondent was employed as a Clerk and it is alleged that she secured employment on the strength of a false caste certificate claiming that she belongs to 'Beda Jangama' community which is enlisted as a Scheduled Caste, under the Scheduled Caste Order, 1950. During the process of her service, in the year 2001, the District Caste Verification Committee had passed an order dated 16.04.2001 holding that the Caste Certificate issued to the respondent herein was invalid and therefore, declined to issue a Caste Validity Certificate. This order of the Caste Verification Committee was challenged by the respondent in terms of Section 4-D of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.,) Act, 1990, before the Commissioner for Social Welfare. However, the appeal was dismissed for non-prosecution. The respondent filed Writ Petitions No.111233/2015 and 103277/2016 calling 3 in question the order of dismissal passed by the Commissioner for Social Welfare. This Court, by a common judgment dated 19.02.2018 set aside the order of the Commissioner and remanded the matter back to the Commissioner for Social Welfare for re-consideration.
2. In the meanwhile, the respondent attained the age of superannuation on 30.06.2016. However, since the Bank did not settle her terminal benefits and did not fix the pensionary benefits of the respondent, the respondent once again moved this Court in W.P.No.104810/2018. During the course of the argument, this Court noticed the Circular dated 12.05.2017 issued by the appellant-Bank and more particularly, paragraph 4 (a) and (c) of the Circular which provides that, if the caste verification of an employee is still pending and in that due course, the employee has attained the age of superannuation, the Bank shall release the terminal benefits as the employee has served the Bank. It further provided that the Bank shall not hold the employee responsible for non-verification of the community status. Having noticed the provisions of the Circular, however, the learned Single Judge has partly allowed the writ petition 4 directing the appellant-Bank to release only 75% of the monthly pension accruing from the month of March, 2019, subject to the outcome of the respondent's caste appeal. Being aggrieved, the Bank is before this Court.
3. The contention of the learned counsel for the appellant-Bank is that the Hon'ble Supreme Court, in the case of CHAIRMAN AND MANAGING DIRECTOR, FCI Vs. JAGADISH BALARAM BAHIRA reported in AIR 2017 SC 3271, has held that no mercy should be shown to persons who have gained employment on the basis of a false Caste Certificate.
4. However, learned counsel for the respondent brings to our notice that subsequent to the decision of the learned single Judge, by order dated 30.12.2019, the Commissioner for Social Welfare has allowed the appeal filed by the respondent herein and while setting aside the order of the District Caste Verification Committee, the matter stands remanded back to the District Caste Verification Committee for fresh consideration.
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5. Having heard the learned counsels for the appellant, the respondent and having perused the memorandum of appeal, this Court finds that the impugned order has taken into consideration the submissions of the appellant/Bank and has also noticed the decision of the Hon'ble Supreme Court in the case of Chairman and Managing Director, FCI, (supra). The learned Single Judge has taken note of the Circular dated 12.05.2017, more particularly, paragraphs 4 (a) and (c) and in order to maintain a balance between the competing claims, has thought it fit to pass the impugned order directing release of 75% of the monthly pension accruing from March, 2019, in order to ensure that the respondent-employee who has completed service of 38 years in the appellant/Bank without any blemish, other than the fact that during the course of her service, the caste verification has come out against the employee, she shall not suffer for survival. However, as rightly contended by the learned counsel, by a specific order of this court, the decision of the Commissioner for Social Welfare dismissing the appeal filed by the respondent for non-prosecution has been 6 set aside with a specific direction that the appeal shall be considered on its merit within a time frame.
6. Moreover, having regard to the subsequent developments, in the appeal filed by the respondent herein being allowed on 30.12.2019 and the order of the District Caste Verification Committee being set aside, the decision of the learned single Judge is further fortified. Therefore, we do not find any infirmity in the order of the learned single Judge. As and when the District Caste Verification Committee passes an order in respect of the caste status of the respondent- employee, appropriate action may be initiated by the appellant-bank in accordance with the decision of the District Caste Verification Committee.
7. Needless to observe that the appellant-bank shall release pensionary benefits as directed by the learned single Judge, forthwith and continue to pay pension till a decision is taken by the District Caste Verification Committee. Thereafter, depending upon the outcome of the decision of the District Caste Verification Committee further action will be taken by the bank.
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Consequently, the appeal stands dismissed.
(Sd/-) JUDGE (Sd/-) JUDGE Jm/MBS/-