Petitioner, an Assistant with respondent Corporation, terminated due to cancellation of SC certificate obtained based on pre-existing matrimonial law overruled by Supreme Court, seeks quashing of termination order.
Writ petition allowed; petitioner entitled to consequential benefits but not back wages; employment status restored.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.161 of 2010 (O&M) Date of decision:04.04.2012
Rita K. Singh wife of Shri Kuldip Singh, Assistant, the New India Assurance Company Limited, Ambala, resident of House No.5330, Modern Housing Complex, Manimajra, U.T., Chandigarh.
...Petitioner
versus
The New India Assurance Company Limited, Building 87, M.G. Road Fort, Mumbai-400023, through its Chairman-cum-Managing Director, and others.
....Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Mr. Ashwani Talwar, Advocate, for respondents 1 and 2.
Mr. Deepak Sharma, Advocate, for respondent No.3.
K.Kannan, J. (Oral)
Civil Writ Petition No.161 of 2010 (O&M) - 2 -
certificate had been issued on the basis of the law then prevailing that by her marriage to a person, who had belonged to a Scheduled Caste, she was assimilated into Schedule Caste status by her marriage. The law was restated by the Hon'ble Supreme Court in
Valsamma Paul (Mrs) Versus Cochin University and others-AIR
1996 SC 1011 that held that “caste” is determined by birth and by a matrimony with a person belonging to a scheduled caste, a nonscheduled caste spouse cannot obtain to such status. In the light of the existing law on an enquiry undertaken, it was found that a Caste Certificate produced by her could not have been acted upon and the Caste Certificate issued could not any longer subsist in view of the law expressed by the Hon'ble Supreme Court.
Civil Writ Petition No.161 of 2010 (O&M) - 3 -
had not secured a benefit by any false certificate at that time when it was issued and it turned out to be a certificate that cannot be sustained in view of the change of the legal position, the benefit of admission into the service of the Corporation cannot be denied. The learned counsel refers to the decision of the Hon'ble Supreme Court in Dattu son of Namdev Thakur Versus State of Maharashtra and others in SLP (Civil) No.3314 of 2010, decided on 07.12.2011 where a three member Bench of the Hon'ble Supreme Court was considering the fact of cancellation of certificate during service and the manner of consideration of continuation in employment status, when the cancellation was not brought through any fraud or misrepresentation. The Hon'ble Supreme Court was considering along with two other cases, who had secured admission into educational institutions on the basis of Caste Certificates which were subsequently withdrawn. The Hon'ble Supreme Court held in para 9 as follows:-
“9. Accordingly, while dismissing all the three Special Leave Petitions, we direct that whatever advantage the three petitioners in the three Special Leave Petitions, may have derived on the basis of their ' Caste Certificates', shall not be disturbed and the cancellation of their respective 'Caste Certificates' will not deprive them of the benefits which they have already enjoyed. However, we also make it clear that none of the three
Civil Writ Petition No.161 of 2010 (O&M) - 4 -
petitioners in the three respective Special Leave Petitions, will be entitled to take any further advantage of reservation in future, either for studies or for employment. ..........”
(K.KANNAN) JUDGE
04.04.2012 sanjeev
3 issues framed by the court
Whether employment of a Scheduled Caste employee revoked due to cancellation of caste certificate obtained based on changed matrimonial status days prior sustained.
Whether the Court should continue employment and grant consequential benefits without awarding back wages.
Whether the petitioner is entitled to any salary for the period she did not work.
Colour shows how this judgement treated each authority
Valsamma Paul vs. Cochin UniversityDistinguished¶19
Valsamma Paul (Mrs) Versus Cochin University and others-AIR 1996 SC 1011 · Who else cites this
Dattu son of Namdev Thakur vs. State of MaharashtraRelied on¶25
Dattu son of Namdev Thakur Versus State of Maharashtra (SLP)
Rita K. Singh
The New India Assurance Company Limited
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
