The Bombay High Court has directed the release of pension, gratuity and other retirement benefits to a retired employee whose caste certificate was invalidated by the Scheduled Tribe Caste Scrutiny Committee. The Division Bench of Justice G. S. Kulkarni and Justice Dr. Neela Gokhale held that retirement benefits could not be denied solely because the employee’s caste certificate was invalidated after retirement.
Background
Mangal Dagadu More had claimed membership of the Thakar Scheduled Tribe and obtained a caste certificate in 2009. She worked as a peon at the Primary Health Centre, Ahire, and submitted historical school and revenue records relating to her paternal relatives in support of her claim. She also produced her real brother’s caste validity certificate.
After an earlier technical rejection, More obtained a fresh caste certificate in November 2020. She retired on May 31, 2020, after 38 years of service. However, the Scrutiny Committee invalidated her tribe claim on February 11, 2022. More challenged that decision, stating that her retirement benefits, including gratuity, had been withheld.
The Bench examined previous decisions of the Bombay High Court and the Supreme Court concerning pensionary benefits in cases involving caste certificate invalidation. It also considered the Maharashtra Government Resolution dated December 27, 2019, which introduced protective measures for certain employees affected by caste validity issues.
The Court emphasised that long years of service and the circumstances surrounding post-retirement invalidation were relevant to the employee’s entitlement to retirement benefits.
The judgment stated:
“The issue that at the fag end of the service and/or upon retirement merely for the reason that a caste validity certificate was not submitted when the employee was permitted to discharge the duties throughout and superannuated, is no longer res integra.”
The Bench also relied on earlier rulings recognising pensionary entitlements in similar circumstances. After considering those decisions, it concluded that the petitioner could not be deprived of her retirement benefits solely because her caste certificate had been invalidated after retirement.
The Court observed:
“Considering the aforesaid consistent view taken by the Supreme Court as well as this Court, we are of the opinion that the Petitioner cannot be deprived of her retiral benefits solely on the ground of the post-retirement invalidation of her caste certificate.”
The Bombay High Court quashed and set aside the Scrutiny Committee’s order dated February 11, 2022. It directed the Primary Health Centre, Ahire, to release the pensionary benefits, gratuity and other admissible retirement benefits within three weeks from the date the judgment was uploaded, together with interest at 8% per annum from the dates on which the payments became due.
The Court accordingly made the rule absolute.
Case Details
Case Title: Mangal Dagadu More v. State of Maharashtra and Others
Case Number: Writ Petition No. 13598 of 2023
Judges: Justice G. S. Kulkarni and Justice Dr. Neela Gokhale
Decision Date: October 19, 2026
