Madras High Court
V.Rajamani vs The Chairman on 12 June, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
WP.No.1053 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.1053 of 2025
and W.M.P.No.1301 of 2025
V.Rajamani,
W/o K.S.Chandrakumar ...Petitioner
Vs.
1. The Chairman,
State Level Scrutiny Committee,
Secretary to Government,
Adi Dravidar and Tribal Welfare (CV4) Department,
Secretariat, Chennai -9.
2. The Director,
Tribal Welfare Department,
Chepauk, Chennai – 600 005.
3. The Deputy Superintendent of Police,
SC/ST Vigilance Cell,
Office of the District Collector,
Salem Zone, Salem District.
4. The District Collector and Chairman,
District Level Vigilance Committee,
Salem District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus to forbear the respondents from
making verification of the petitioner's community certificate dated
19.11.1978 issued by the Tahsildar, Mettur Dam or reopening verification
after retirement.
For Petitioner : Mr.N.Naganathan
Page 1 of 7
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WP.No.1053 of 2025
For Respondents :Mr.Vadivel Deenadayalan,
Addl.Govt.Pleader for R1, R2 & R4
Mr.Bbu Muthu Meeran,Addl.P.P.
for R3
ORDER
This writ petition has been filed to issue a Writ of Mandamus to
forbear the respondents from making verification of the petitioner's
community certificate dated 19.11.1978 issued by the Tahsildar, Mettur
Dam or reopening verification after retirement.
2. The case of the petitioner is that she belongs to Hindu Konda
Reddy community, which is classified as 'Schedule Tribe' and she was
issued with such community certificate by the Tahsildar, Mettur Dam on
19.11.1978. Her close relatives have also been issued with same
certificates by the Revenue Authorities. While being so, the petitioner was
appointed in the post of Clerk in Bank of Baroda on 21.12.1984 under the
reserved quota for ST category and her service was confirmed during
June,1985. After completion of 38 years of unblemished service, she
attained superannuation on 30.04.2022. Due to the pendency of
verification of the petitioner's social status by the respondents, the
petitioner was sanctioned only with provisional pension. The other
retirement benefits like gratuity and 6 months salary were withheld by the
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employer. Aggrieved against the same, the present writ petition has been
filed by the petitioner.
3. Today, when the case is taken up for hearing, the learned
counsel for the petitioner submitted that even though the petitioner got
retired from service in the year 2022 itself, till date, she has been suffering
continuously, without receiving her retirement benefits. It is the specific
contention of the learned counsel for the petitioner that she has not
received any communication from the respondents, with regard to
verification of her community status from 2005 to 2022.
4. The main grievance of the petitioner is that the petitioner may
not be put in an agony of participating in the enquiry at this belated point
of time after her retirement. The learned counsel also submitted that the
petitioner is willing to give an undertaking that she will not claim any
benefits of such community certificate for any of her children.
5. Heard the learned counsel for the petitioner and perused the
records placed before this Court.
6. As per the judgment of the the Hon'ble Supreme Court in the
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case of Kumari Madhuri Patil vs Addl. Commissioner reported in 1994
SCC (6) 241, a community certificate issued before the year 1995 cannot
be reopened. It is also pertinent to point out that the Hon'ble Apex Court and
various High Courts have time and again stressed that verification after retirement
is a wasteful exercise and would be purely academic. In similar circumstances, in
SLP(C) No.24458/2019 dated 03.03.2023, the Hon'ble Apex Court has held as
follows:
“It is submitted that the respondent No.1 who served in the Railways
has superannuated on 28.02.2022 and therefore, the exercise in this
case would largely be academic on the aspect of whether she
belonged to the claimed Scheduled Tribe category.
Considering the above, we deem it is appropriate to order for closure
of the proceedings. Accordingly, the Special leave Petition stands
disposed of.”
7. This Court perused the undertaking affidavit filed by the
petitioner herein. The relevant paragraph is extracted hereunder:
“4. I submit that I filed a WP.No.1053 of 2025 before
this Hon'ble Court seeking to forbearing the respondents from
making verification of my community certificate. I got retired
from service in way back in the year 2022 and I have been
suffering continuously for all these periods. Therefore, I hereby
sincerely given an undertaking that I shall not utilise my ST
community certificate dated 19.11.1978 for myself or my
children at any point of time in future.”
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8. Therefore, it is seen from the records that the petitioner retired
from service three years ago and she was sanctioned provisional pension
only. At this stage, verification of her community status is uncalled for.
The Government of India have issued guidelines periodically mandating
all employers and authorities to undertake verification at the earliest point
of time preferably at the time of one's entry into service. In the present
case, the petitioner has completed 38 years and retired from service on
30.04.2022.
9. Considering the fact that the petitioner had already retired from
the service as early as on 30.04.2022 and that she has also filed an affidavit
of undertaking that she will not utilize her ST community certificate dated
19.11.1978 for herself or her children at any point of time in future and in
the light of the above mentioned decision of the Hon'ble Apex Court, this
Court is inclined to allow the writ petition. Therefore, recording the
affidavit of undertaking dated 07.06.2025, filed by the petitioner, this Writ
Petition is Allowed. The respondents are directed, not to make verification
of the petitioner's community certificate dated 19.11.1978 issued by the
Tahsildar, Mettur Dam. The affidavit of undertaking shall form part of this
order. The petitioner is directed to surrender her community certificate to
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the concerned authority within a period of two weeks from today. No
costs. Consequently, connected miscellaneous petition is closed.
10. Post the matter 'for reporting compliance' on 26.06.2025.
[J.N.B.,J.] [M.J.R.,J.]
12.06.2025
vsi
Speaking order/Non-speaking order
Neutral Citation:Yes/No
Note: Issue order copy on 19.06.2025
To
1. The Chairman,
State Level Scrutiny Committee,
Secretary to Government,
Adi Dravidar and Tribal Welfare (CV4) Department,
Secretariat, Chennai -9.
2. The Director,
Tribal Welfare Department,
Chepauk, Chennai – 600 005.
3. The Deputy Superintendent of Police,
SC/ST Vigilance Cell, Office of the District Collector,
Salem Zone, Salem District.
4. The District Collector and Chairman,
District Level Vigilance Committee,
Salem District
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J.NISHA BANU,J.
AND
M.JOTHIRAMAN,J.
Vsi
12.06.2025
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