A.G. ROSE Vs. THE INDIAN BANK

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties concerned.

(2.) THE learned counsel appearing for the petitioner had stated that the petitioner belongs to Hindu Konda Reddi community, which has been classified as a Scheduled Tribe, as per the Presidential notification issued under Article 342 of the Constitution of India. It has been further stated that the petitioner had been appointed as a Clerk, by the first respondent bank, in the year, 1976, under the quota reserved for Scheduled Tribes. At the time of his appointment, the petitioner had produced a valid community certificate, dated 1.10.1973, issued by the Taluk Office, Tirutani, stating that the petitioner belongs to a Scheduled Tribe community. After verification of the said community certificate, the petitioner had been confirmed in service and he had promoted as an Officer Scale -I, during the year, 1981. While so, on verification of the community certificate issued to the petitioner, the District Collector concerned had passed an order stating that the petitioner does not belong to a Scheduled Tribe community. The said order had been passed by the District Collector, without conducting any enquiry, in accordance with law. Therefore, the petitioner had challenged the order passed by the District Collector, before this Court, by way of a writ petition, in W.P.No.12143 of 1983. The Division Bench of this Court, by its order, dated 16.10.1984, had held that the order passed by the District Collector was erroneous in nature, as it had been passed without following the procedures established by law.

(3.) THE learned counsel appearing for the petitioner had further submitted that, in spite of the various decisions passed by this Court, as well as the Supreme Court, including the decision rendered, in Kumari Madhuri Patil and Another Vs. Additional Commissioner, Tribal Development and Others ( : AIR 1995 SC 94(1)), the first respondent had refused to pay the retiral benefits due to the petitioner. It is not in dispute that the petitioner had retired from service, on 31.3.2012, on attaining the age of superannuation. It is also an admitted fact that the community certificate issued to the petitioner, stating that he belongs to Konda Reddi community, which is a Scheduled Tribe community, had not been validly cancelled by any authority, till date. In such circumstances, the first respondent bank cannot deny the payment of retiral benefits due to the petitioner.