V BALASUBRAMANIAN Vs. ASSISTANT GENERAL MANAGER ADMINISTRATION STATE BANK OF INDIA KURUNCHI COMPLEX STATE BANK ROAD COIMBATORE

JUDGEMENT

(1.) THE question as to whether an employee, who was given employment as against the vacancy earmarked for either Scheduled Caste/Scheduled Tribe candidates, could be denied the terminal benefits on completion of the service, solely on the ground that the community certificate upon which the employment was secured, is under verification.

(2.) THE facts of the present case are as follows:- According to the petitioner, he was issued with a community certificate by Deputy Tahsildar, Pollachi dated 26.7.1977 stating that he belonged to "Konda Reddy", a Scheduled Tribe Community. On the strength of that certificate, he secured employment in the State Bank of India in the year,1978. After promotion to the post of Senior Assistant and later Special Assistant, he attained the age of superannuation on 31.3.2011. At the time when he made a request for settlement of his terminal benefits, by the impugned communication dated 1.4.2011, the petitioner was informed that it would not be possible for the Bank to pay the retirement benefits, till his community status is confirmed by the appropriate authority. In that communication, it was also stated that the Provident Fund Contribution made by the petitioner will be paid to him after adjusting the dues, if any, to the Bank and the Bank's contribution towards Provident Fund, Gratuity and pension will be kept in the Interest Bearing Account.

(3.) MR.V.Vijay Shankar, learned counsel for the petitioner relying upon the order of this Court made in W.P.No.18214 of 2010 dated 10.12.2010, in and by which, the claim of similarly placed employees of Chennai Port Trust was accepted by this Court and ultimately, the Chennai Port Trust was directed to pay the terminal benefits, submitted that the said order was confirmed by the Apex Court by order dated 3.5.2011 in S.L.P.No.13284 of 2011.