Can SC/ST Community Status Of Govt Employee Be Verified After Retirement? Madras High Court Refers To Larger Bench

The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan thought it fit to refer the issue to a larger bench after noting the conflicting views taken by the co ordinate benches of the court.

Thus, the court directed the Registrar (Judicial) to place the matter before the Chief Justice, on the administrative side, for constituting a larger bench to address the following issues:

a) Whether verification into the genuineness of community certificate or caste status of an employee is permissible after retirement from service?

b) Whether verification into the genuineness of community certificate or caste status of an employee is permissible in cases where the employee was issued community certificate or granted employment prior to 1995?

c) Whether verification into the genuineness of community certificate or caste status, which was initiated prior to retirement, could be continued after retirement of the employee?

It may be noted that in August this year, another division bench of the Madras High Court had delivered a split verdict in connection with the same issue. While Justice Nisha Banu opined that reopening the verification of a community certificate would amount to re-litigation, Justice M Jothiraman opined that once a verification starts, it should continue till its conclusion.

A similar issue came up before the present bench. The petitioner had challenged the legality and validity of the show cause notice issued to him and the continuation of the enquiry into the genuineness of his caste status post his retirement.

The petitioner had argued that though the inquiry was initiated prior to his retirement, it could not continue post his retirement. He also argued that the community certificate was issued to him prior to 1995, and it would not be open for the Tamil Nadu State Level Scrutiny Committee or the department authorities to initiate any enquiry into the caste status, as per an Office Memorandum issued by the Joint Secretary, Lok Sabha Secretariat.

The court noted that there were conflicting views regarding the issue in question. The court noted that in 2021, a plea came up before a division bench on the same issue. Since the judges had a difference of opinion, the matter was referred to a third judge who opined that there is no prohibition against enquiry into fake or false community certificate even if issued prior to 1995.

The court further noted that in another proceeding, another bench had held that verification of the genuineness of the community certificate after retirement would not be permissible when the delay for initiating an enquiry was attributable to the employer. A similar view was followed by another division bench which observed that any enquiry into the genuineness of community certificate/caste status after retirement should not be allowed.

The court also noted that in two cases, the issue had been referred for opinion of a third judge.

Thus, considering the differing opinions, the court thought it fit to refer the matter to a larger bench

Counsel for Petitioner: Mr. Ma. P. Thangavel

Counsel for respondent: Mr. A. Edwin Prabakar, State Government Pleader Assisted by Mr. K. Karthik Jagannath, Government Advocate, Ms. Sunita Kumari, Senior Panel Counsel

Case Title: R Gurusamy v. The Tamil Nadu State Level Scrutiny Committee

Citation: 2025 LiveLaw (Mad) 412

Case No: WP Nos. 23827 and 23854 of 2025