Madras High Court
The Life Insurance Corporation Of ... vs The Chairman on 27 March, 2023
W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI
W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
W.P.(MD)No.9979 of 2020:
The Life Insurance Corporation of India Ltd.,
Through its Senior Divisional Manager,
Division Office,
Jeevan Prakash Bridge Station Road,
Sellur, Madurai – 625 002. : Petitioner
Vs.
1.The Chairman,
State Level Scrutiny Committee – II,
Adhi Dravidar and Tribal Welfare Department,
Fort St. George, Chennai- 9.
2.The District Collector,
Tirunelveli District,
Tirunelveli.
1/13
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
3.T.Karthikeyan,
Development Officer,
Life Insurance Corporation of India Ltd.,
Sivagangai.
: Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India
praying for the issue of a Writ of Certiorarified Mandamus to call for the
records relating to the proceedings in a letter No.13704/CV-2(2)/2017-6
dated 17.07.2019 on the file of the first respondent and to quash the same
and further direct the first respondent to complete the enquiry into the
Community status of the third respondent within the reasonable time as may
be stipulated by this Court.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondents : Mr.A.Baskaran
Addl. Govt. Pleader for R1 and R2
Mr.V.Vijay Shankar for R3
W.P.(MD)No.5771 of 2023:
T.Karthikeyan,
: Petitioner
Vs.
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
1.The Chairman,
State Level Scrutiny Committee – II,
Adi Dravidar and Tribal Welfare Department,
Fort St. George, Chennai- 600 009.
2.The Life Insurance Corporation of India Ltd.,
Rep. by its Manager (Legal),
Division Office,
Jeevan Prakash Bridge Station Road,
Sellur, Madurai – 625 002.
: Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India
praying for the issue of a Writ of Mandamus forbearing the respondents
from verifying the petitioner's community and consequently, directing the
second respondent to release the pension, gratuity, earned leave encashment,
group insurance, PF contribution and other benefits payable to the petitioner
within a time frame to be fixed by this Court.
For Petitioner : Mr.V.Vijay Shankar
For Respondents : Mr.A.Baskaran
Addl. Govt. Pleader for R1
Mr.G.Prabhu Rajadurai for R2
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
COMMON ORDER
(Order of the Court was made by R.SUBRAMANIAN,J.)
These writ petitions are taken up together for disposal since the issues
involved are one and the same.
2. In W.P(MD)No.5771 of 2023, the petitioner seeks for a Mandamus
forbearing the respondents from verifying the petitioner's community
certificate and consequently, directing the second respondent, employer to
release the pension, gratuity, earned leave encashment and other retirement
benefits. In W.P(MD)No.9979 of 2020, the employer challenges the order
of the State Level Scrutiny Committee, dated 17.07.2019, in and by which,
the Committee closed the enquiry.
3. The facts relating to these writ petitions are as follows:-
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
The petitioner in W.P(MD)No.5771 of 2023, Mr.Karthikeyan joined
the Life Insurance Corporation as Assistant in the year 1983 under the quota
belonging to the Schedule Tribes based on a certificate dated 19.06.1982
issued by the Revenue Divisional Officer, Tirunelveli. He was subsequently,
promoted and appointed as a Development Officer with effect from
14.11.1985. Since there was certain doubt raised, about the genuineness of
his community certificate, the matter was referred to the Revenue Divisional
Officer, Tirunelveli. The Revenue Divisional Officer, by his communication
dated 24.08.1990, upheld the validity of the certificate issued to the
petitioner in W.P(MD)No.5771 of 2023. Subsequently, there was another
verification contemplated in the year 1997 and notice was issued to the
petitioner in W.P(MD)No.5771 of 2023 on 30.07.1997. This notice was
challenged by the petitioner in a writ petition in W.P(MD)No.12440 of
1997. This Court held that once certificate had been verified and found to
be genuine, there cannot be a re-verification and the petitioner cannot be
harassed by way of second enquiry. While doing so, this Court in paragraph
9 of the Judgment, has observed as follows:-
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
“9. All the above mentioned decisions clearly show that
the appointing authority has right to verify the genuineness of
the certificates by approaching the constituted authority and
once the report is received holding that certificate is genuine,
valid , thereafter, the certificate holder cannot be further
harassed to prove his caste/community in any other manner.
Accordingly, the present action of the second respondent
calling upon the petitioners to appear for an enquiry regarding
the genuineness of the community certificate obtained cannot
be sustained.”
4. As a result of the above observation, the writ petition was allowed
and the contemplated enquiry was aborted. It should be pointed out that the
employer, namely, Life Insurance Corporation, was a party to the said writ
petition, inasmuch as it was arrayed as third respondent. Thereafter,
claiming that it has received certain complaints supported by certain
documents, the Life Insurance Corporation sought for another reference of
the certificate of the petitioner in W.P(MD)No.5771 of 2023. The said
reference was closed vide order dated 17.07.2019. The said closure order is
the subject matter of challenge in W.P(MD)No.9979 of 2020.
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
5. We have heard Mr.V.Vijay Shankar, learned counsel for the
petitioner in W.P(MD)No.5771 of 2023 and Mr.G.Prabhu Rajadurai, learned
counsel for the employer, the second respondent in W.P(MD)No.5771 of
2023 and the petitioner in W.P(MD)No.9979 of 2020.
6. While Mr.V.Vijay Shankar, learned counsel for the petitioner,
placing heavy reliance on the Judgment of this Court in W.P(MD)No.12440
of 1997, would contend that the authority did not have jurisdiction to launch
upon a second enquiry, particularly, in the light of the Judgment of this
Court in W.P(MD)No.12440 of 1997. He would also draw our attention to
the Judgment of the Hon'ble Supreme Court in J.Chitra vs. State Level
Vigilance Committee reported in (2021)9 SCC 811 and the Judgment of the
Division Bench of this Court in V.Sathyamurthu vs. Union of India in
W.P(MD)No.5737 of 2022 dated 28.10.2022, to which, one of us
(R.Subramanian, J) was a party.
7. According to Mr.V.Vijay Shankar, a combined reading of the
Judgments in J.Chitra and Sathyamurthy would show that once
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
genuineness of the certificate has been verified and affirmed by the
competent officer, there cannot be a re-verification either on the ground of
discovery or on the ground of change in the person who has to conduct
verification. He would also point out that the Judgment rendered in
W.P(MD)No.12440 of 1997 is binding on the State as well as employer
since both were parties to the said Judgment. Mandamus had been issued
by this Court forbearing the respondents from taking up verification again.
That being so, the launch of verification at the instance of employer, namely,
the petitioner in W.P(MD)No.9979 of 2020 itself is flawed.
8. Mr.G.Prabhu Rajadurai, learned counsel for the Life Insurance
Corporation would submit that when there is a change in circumstances and
new material has been placed before the employer which creates a doubt
about the genuineness in the community certificate, the employer has to
necessarily verify the same by referring the matter to the State Level
Scrutiny Committee. Placing reliance upon the above decision of Kumari
Madhuri Patil vs. Additional Commissioner, Tribal Development and
others reported in (1994) 6 SCC 241, would contend that it is open to the
employer to have re-verification done.
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
9. From the facts set out, we find that verification was done by the
competent authority soon after the petitioner in W.P(MD)No.5771 of 2023
joined the service of the Corporation. The second verification was also
done in 1991, in which also, the claim of Mr.Karthikeyan, the petitioner in
W.P(MD)No.5771 of 2023 that he belongs to Schedule Tribe was
confirmed. Only when the verification was attempted for the third time on
30.07.1997, the petitioner challenged the same. That challenge was
sustained and the prayer for Certiorarified Mandamus was granted.
Mandamus is forbearing the respondent from proceeding with the
verification of the community certificate. This continuous Mandamus is
equal to a decree for permanent injunction granted by the civil Court. No
doubt, in Kumari Madhuri Patil's case, the Hon'ble Supreme Court had
observed that even a certificate, which is confirmed, can be verified if
proper ground, namely, it was obtained by fraud, exists.
10. In the case on hand, it is claimed by the employer namely, Life
Insurance Corporation of India that subsequent complaint along with certain
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
documents have been received by it. That itself would not offer a ground for
re-verification. There has to be a finding of fraud and it is not State Level
Scrutiny Committee which is empowered to conclude that earlier
verification was flawed by reason of fraud. If some new and additional
material is made available by some person and that too, 15 years after the
first verification, we do not think that the beneficiary or employee could be
harassed with a third or fourth enquiry on whims and fancies of the
employer. The order in W.P.No.12440 of 1997inter parties and it is binding
on the parties. Therefore, re-verification of the community certificate is in
violation of the Mandamus issued by this Court cannot be done. Even in
J.Chitra's case, the Hon'ble Supreme Court of India has pointed out that
such repeated enquiry should not be done. The Division Bench in
Sathyamurthy's case has held the same view.
11. In view of the above peculiar circumstances of the case on hand,
we do not think that we should allow that the second enquiry to be
conducted.
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
12. We should also point out that the Life Insurance Corporation in
the affidavit filed in support of W.P(MD)No.9979 of 2020 has suppressed
the fact that there was an earlier verification and the community certificate
issued in 1982 was found to be true by the authorities in the year 1990.
That vital information alone has been glossed over, conveniently, by the
Corporation in paragraph 5 of the affidavit when it pointed out that the writ
petition was filed in W.P.No.12440 of 1997 challenging the second enquiry.
We are dismayed, shocked and surprised at this kind of suppression made by
a premier financial institution in the country. We hope that such incidents
are not repeated for trifling favours from the Court.
13.Hence, we dismiss W.P(MD)No.9979 of 2020 with a cost of
Rs.2,00,000/- (Rupees Two Lakhs only) payable to the Cancer Institute,
Chennai, only for suppression of material for no other reason. Liberty is
given to the Corporation to recover the cost from the deponent of the
affidavit. W.P(MD)No.5771 of 2023 will stand allowed. There will be a
direction to the Life Insurance Corporation to pay all the benefits due to the
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W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
petitioner Mr.T.Karthikeyan, within a period of four weeks from the date of
receipt of a copy of this order.
[R.S.M., J.] & [L.V.G., J.]
27.03.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
skn
To
1.The Chairman,
State Level Scrutiny Committee – II,
Adhi Dravidar and Tribal Welfare Department,
Fort St. George, Chennai- 9.
2.The District Collector,
Tirunelveli District,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
R.SUBRAMANIAN., J
AND
L.VICTORIA GOWRI.,J
skn
W.P.(MD)Nos.9979 of 2020 & 5771 of 2023
27.03.2023.
https://www.mhc.tn.gov.in/judis
