Mrs.N.Sakkubai vs The Deputy General Manager
2025 Latest Caselaw 6976 Mad

Citation : 2025 Latest Caselaw 6976 Mad
Judgement Date : 12 September, 2025

Madras High Court

Mrs.N.Sakkubai vs The Deputy General Manager on 12 September, 2025

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                                          W.P.(MD).No.9359 of 2018


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 12.09.2025

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P.(MD).No.9359 of 2018

                Mrs.N.Sakkubai                                                 ... Petitioner

                                                                Vs.

                1.The Deputy General Manager,
                  Bank of Baroda,
                  Regional Office (Coimbatore),
                  No.82, 3rd Floor, Bank Road,
                  Coimbatore-641 018.

                2.The Branch Manager,
                  Bank of Baroda,
                  Namakkal Branch,
                  No.107, Paramathi Road,
                  Namakkal Taluk,
                  Namakkal District-637 001.                                  ... Respondents
                Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
                entire records, leading to the issue of impugned order Letter RO:CBE:HRM:
                52:3180 dated 24.02.2017 on the file of the first respondent and quash the same
                and consequently directing the respondents to pay the retirement benefits
                including Gratuity, Leave Encashment, PF (Bank Contribution), Pension and
                Additional Retirement Benefit on attaining the age of superannuation on
                28.02.2017 along with interest at the rate of 24% per annum from the date of
                retirement to till the date of final payment for the delayed period.


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                                                                                            W.P.(MD).No.9359 of 2018




                                           For Petitioner            : Mr.G.R.Sathish
                                           For R1 & R2               : Mr.K.S.Jothimani
                                                                        for M/s.Aggam Legal

                                                            ORDER

The present writ petition has been filed by a former employee of the

second respondent Bank challenging the order dated 24.02.2017, wherein, the

Bank has withheld the terminal benefits of the writ petitioner in view of the

pendency of the verification of the caste certificate of the writ petitioner.

2. The petitioner herein, who was working as a Head Cashier,

attained superannuation on 28.02.2017 and she was relieved from the services

of the Bank. The petitioner got an appointment under Scheduled Tribes Quota

and her community certificate was sent for verification and it was pending

before the State Level Scrutiny Committee when the petitioner had attained

superannuation. Citing the said reasons, terminal benefits of the petitioner had

been withheld. Challenging the said order, the present writ petition has been

filed.

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3. The petitioner received an enquiry notice from the State Level

Scrutiny Committee on 14.03.2025. The said enquiry notice was put to

challenge by the petitioner in W.P(MD)No.7875 of 2025. The Hon'ble Division

Bench of this Court by its order dated 22.08.2025 has quashed the said enquiry

notice. Paragraph No.18 of the order is extracted as follows:-

"18. In the result, the Writ Petition is allowed. The impugned order dated 14.03.2015 of the 5th respondent is hereby set aside, forbearing the respondents from verifying the petitioner's community status, in view of her retirement on 28.02.2017. The petitioner shall surrender her community certificate (if not already surrendered) to the concerned Officials on due acknowledgment as undertaken before this Court. In case, any application for issuance of community certificate is made by the son/s or daughter/s of the petitioner in future for the purpose of education, employment, etc., an independent enquiry can be conducted by following due process of law and a decision shall be taken in respect of issuance of community certificate within a period of two months (2) from the date of receipt of application, if any made, bearing in mind the judgment of the Supreme Court / guidelines and the Government Order issued by the State Government dated 15.10.2012 (referred to supra). No costs. Consequently, connected miscellaneous petitions are closed."

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4. According to the learned counsel for the writ petitioner, in view of

the orders of the Hon'ble Division Bench which had forborne the State Level

Scrutiny Committee from examining the community certificate, the second

respondent Bank cannot withhold the terminal benefits.

5. In view of the above said subsequent events, the order impugned in

the writ petition is hereby set aside and the respondents are directed to release

the terminal benefits and the pensionary benefits due to the writ petitioner,

within a period of twelve (12) weeks from the date of receipt of a copy of this

order.

6. The writ petition stands allowed to the extent as stated above. No

costs.