M RADHAKRISHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the service of the South Central Railway in the year 1976 as Fireman against a vacancy reserved for Scheduled Tribe. Thereafter, he earned promotions and retired from service on 31.10.2012 as Loco Pilot. In the year 2007, a Charge Memo was issued to him, requiring him to submit the latest caste certificate, stating that complaints have been received against the genuinity of caste certificate submitted by him at the time of appointment. The petitioner expressed inability stating that he left his native place in the year 1976, and at this length of time, it will be difficult for him to obtain the caste certificate. When his explanation was not accepted, the petitioner filed O.A. No. 95 of 2007 before the Central Administrative Tribunal, Hyderabad Bench (for short 'the Tribunal'). The Tribunal has allowed the O.A. through order, dated 27.02.2007, and set aside the Charge Memo, dated 05.02.2007. However, it was left open to the respondents to get the social status of the petitioner verified, by the authorities of the District concerned.

(2.) On 31.10.2012, on which the petitioner attained the age of superannuation, the Divisional Railway Manager, Personnel Branch, Secunderabad, served a Memo upon the petitioner stating that his social status is under investigation by the Constitutional Authority, and till finalisation thereof, payment of his retirement benefits is withheld.

(3.) Feeling aggrieved by the memo, dated 31.10.2012, the petitioner filed O.A. No. 1389 of 2012 before the Tribunal. The O.A. was dismissed on 25.07.2013. Hence, this Writ Petition.