High Court of Kerala dismissed a writ petition seeking full pensionary benefits withheld due to denied Scheduled Caste status. The court noted pending remittal of the caste status matter by a prior order but held no further relief could be granted pending fresh consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C)No.19392/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 19392 OF 2021
PETITIONER:
BALASUNDARAM S.
AGED 65 YEARS
S/O.SHAMUGHASUNDARAM, RETIRED DEPUTY MANAGER, STATE BANK OF TRAVANCORE (PRESENTLY STATE BANK OF INDIA), LOCAL HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695 012, RESIDING AT "HANUKRIPA", T.C.12/1057, COVENT ROAD, KARUNYA LANE, NALANCHIRA P.O., THIRUVANANTHAPURAM, PIN - 695 015.
BY ADV M.C.SINY
RESPONDENTS:
BY ADV P.RAMAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.19392/2021
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JUDGMENT
This writ petition has been filed by a former employee of the State Bank of India claiming the disbursal of full pensionary benefits which have been withheld on account of the fact that the petitioner has been determined as not belonging to the Scheduled Caste – Panan Community. The counter affidavit filed by the respondent bank indicates that 50% of the ex-gratia amount has been paid to the petitioner and full amount of Provident Fund and Gratuity has also been released to the petitioner. The challenge raised by the petitioner and others to the proceedings of the Scrutiny Committee under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act,1996 determining caste status of the petitioner to be other than Panan-SC Community has been set aside by this Court by judgment pronounced today (5.6.2024) in W.P.(C)No.5170/2009 on a technical ground. The matter has been remitted for fresh consideration of the Scrutiny Committee. Considering the fact that certain pensionary benefits have already been released to the petitioner, I am of the opinion that no further direction can be issued for release of the withheld pensionary benefits of the petitioner, pending fresh consideration of the matter by the
W.P.(C)No.19392/2021
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Scrutiny Committee and the consequential orders to be issued by the Government in the matter. Therefore, this writ petition will stand dismissed making it clear that it will be open to the petitioner to file a fresh writ petition, if necessary at a later stage claiming the same reliefs.
Sd/-
GOPINATH P.
JUDGE
acd
W.P.(C)No.19392/2021
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APPENDIX OF WP(C) 19392/2021
PETITIONER EXHIBITS
Exhibit P1 THE PHOTOSTAT COPY OF THE MANPOWER PLANNING & SBT VOLUNTARY RETIREMENT SCHEME (STAFF CIRCULAR-2/2001) DATED 20/01/2001 Exhibit P2 THE PHOTOSTAT COPY OF THE ORDER OF THE HON'BLE HIGH COURT IN WP(C) NO.5170/2009 DATED 24/02/2009 Exhibit P3 THE PHOTOSTAT COPY OF THE ORDER OF THE HON'BLE HIGH COURT IN WP(C) NO.51700/2009 DATED 07/04/2009 Exhibit P4 THE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY GENERAL MANAGER (HR) OF STATE BANK OF TRAVANCORE DATED 10/10/2009 Exhibit P5 THE PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DEPUTY GENERAL MANAGER (LAW) OF STATE BANK OF TRAVANCORE DATED 05/09/2013 Exhibit P6 THE PHOTOSTAT COPY OF THE RELEVANT EXTRACTS OF THE SBT OFFICERS SERVICE AND PENSION REGULATIONS 1995 Exhibit P7 THE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 25/01/2021 BEFORE THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA Exhibit P8 THE PHOTOSTAT COPY OF COMMUNICATION DATED 23/03/2021 FROM THE ASSISTANT GENERAL MANAGER (PPG), STATE BANK OF INDIA
Exhibit P9 THE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 09/07/2021 BEFORE THE CHIEF GENERAL MANAGER, STATE BANK OF
W.P.(C)No.19392/2021
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INDIA
Exhibit P10 THE PHOTOSTAT COPY OF COMMUNICATION DATED 19/07/2021 FROM THE ASSISTANT GENERAL MANAGER (PPG), STATE BANK OF INDIA
RESPONDENT EXHIBITS
Exhibit R1A TRUE COPY OF SHOW CAUSE NOTICE DATED 25/04/2001 ISSUED TO THE PETITIONER.
3 issues framed by the court
Whether full pensionary benefits withheld due to non-Scheduled Caste status determination should be granted pending fresh scrutiny.
Whether the petitioner is entitled to further relief after a recent order remitting the caste status matter.
Whether the writ petition can be dismissed without indefinite postponement despite the pending Lower Scrutiny Committee.
BALASUNDARAM S.
STATE BANK OF INDIA, REPRESENTED BY THE CHIEF GENERAL MANAGER, LOCAL HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM
ASSISTANT GENERAL MANAGER (PPG) STATE BANK OF INDIA, LOCAL HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
