Supreme Court grants pension to officer with void caste certificate

It matters to citizens as it clarifies the legal position that while appointments based on false caste certificates are generally void, the Court may grant pensionary benefits under Article 142 of the Constitution for service rendered.

Who it concerns: The order concerns SUREKHA BALJORSINGH THAKUR (Appellant), the CASTE SCRUTINY COMMITTEE (Respondent), and the High Court of Judicature at Bombay, Nagpur Bench. It affects individuals who have served in government positions based on caste certificates that were later annulled.

What the document says

• The Supreme Court allowed the appeal and set aside the High Court order dated 02.12.2019 and the Committee’s Order dated 25.07.2017 that denied pensionary benefits.
• The Court directed that the appellant is entitled to pensionary benefits for service rendered from 1992 to 2017.
• The Court explicitly stated that the annulled caste certificate cannot be utilized for any purpose by the appellant or her family members.
• The Court directed that the pensionary benefits shall be processed within six months from the date of the order.
• The decision was made in exercise of power under Article 142 of the Constitution of India.

Also in the document

• The Court cited the precedent in Food Corporation of India vs. Jagdish Balaram Bahira, which holds that appointments based on false caste certificates are void ab initio, but noted the exception for granting benefits under Article 142.
• The appellant had superannuated from service in 2017 after serving since 1992.
• The Caste Scrutiny Committee had annulled the caste certificate dated 20.07.1982 based on a Vigilance Report finding unregistered dates and missing caste details in the father's death certificate.