ANAPPA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The petitioner is before this Court seeking issue of mandamus to direct the respondents No.1 to 3 to release the terminal benefits to the petitioner with interest from the date of retirement till the date of payment.

(2.) The petitioner joined the services of respondent No.1 on 16.06.1979 and attained the age of superannuation on 31.01.2012. The petitioner who had been issued a caste certificate dated 31.08.1978, depicting him as belonging to 'Jenu Kuruba' caste had relied on the same for the purpose of appointment. Though there was no issue relating to the same throughout, about ten days prior to his retirement the petitioner was issued a suspension order dated 20.12.2012. The suspension order was assailed before this Court in W.P. No. 2888-2890/2012, which did not yield a conclusion since the petitioner retired in the meanwhile and as such the petitions were rendered infructuous.

(3.) In that light the petitioner filed a fresh petition in W.P. No.37905/2012 seeking direction to the employer to release the terminal benefits. A consideration of the request by the employer if there was no legal impediment was ordered. On consideration, the employer through their letter dated 12.12.2012 declined the request on the ground that the issue relating to the caste certificate was pending before the competent authority. The said communication was assailed in W.P.No.46918/2013, but this Court on noticing the pendency of the proceedings relating to the caste certificate disposed of the writ petition directing the petitioner to await the result of such proceeding.