The Supreme Court on Thursday (September 3) in exercise of its inherent powers under Article 142 of the Constitution has protected the retiral and pensionary benefits of a retired employee, whose community certificate was subsequently found to be invalid after rendering over 25 years in service.

A bench of Justice Aravind Kumar and Justice Vipul M. Pancholi heard the appeal filed by a Junior Engineer (Civil) who was appointed with the Municipal Corporation of Greater Mumbai in 1994 based on a community certificate belonging to 'Tokre Koli' Scheduled Tribe. Later on, in 2020, the caste certificate was declared invalid by the scrutiny committee, whose decision was upheld by the Bombay High Court, leading to the filing of an SLP before the Supreme Court by the retired employee.

During the pendency of the appeal, the appellant continued in service pursuant to the interim order of the Court and ultimately retired on attaining the age of superannuation in 2025. Since, the appellant is now retired, he alternatively prayed for protection of the retiral and pensionary benefits of the appellant relying upon the Court's decision in Surekha Baljorsingh Thakur v. Caste Scrutiny Committee & Anr. (2024).

While justifying the scrutiny committee's and High Court's order declaring the Appellant's caste certificate as invalid, the Court, however, deemed it appropriate to protect the retiral and pensionary benefits of the Appellant for the continuous services rendered by him for over three decades.

“…having considered the facts and circumstances of the case and noting that the appellant entered service with respondent No. 3 in the year 1994 and continued in service until the date of his retirement on 30.06.2025, which is for more than three decades, we consider it appropriate to ensure that the appellant is not deprived of his retiral and pensionary benefits.”, the Court said.

Apart from Surekha Baljorsingh Thakur, the reference was drawn from the case of Chairman and Managing Director, Food Corporation of India & Ors. v. Jagdish Balaram Bahira & Ors. (2017), where the three-judge bench of the Supreme Court recognized that, although ordinarily an appointment secured on the basis of an invalid caste or tribe certificate would not survive, the Court may, in an appropriate case, exercise its power under Article 142 to render complete justice.

“In view of the facts and circumstances of the present case, we are inclined to exercise our power under Article 142 of the Constitution of India, and accordingly, the service rendered by the appellant with respondent No. 3 from 21.10.1994 until his date of retirement on 30.06.2025 shall be protected for the limited purpose of computation and release of his retiral and pensionary benefits, in accordance with the applicable service rules.”, the Court held.

“It is clarified that the protection granted hereinabove shall not amount to validation or recognition of the claim of the appellant of belonging to the “Tokre Koli” Scheduled Tribe. Neither the appellant nor any member of his family shall be entitled to claim any future benefit on the basis of the invalidated caste certificate.”, the Court clarified.

As a result, the appeal was partly allowed.

Headnote

Constitution of India, 1950 — Article 142 — Invalidation of Scheduled Tribe Certificate — Protection of Pensionary and Retiral Dues — Scope of equitable relief - The appellant was appointed as Junior Engineer (Civil) in 1994 on the basis of a caste certificate certifying him as belonging to the "Tokre Koli" Scheduled Tribe and retired on superannuation on 30.06.2025 after more than three decades of service - The Scrutiny Committee invalidated and confiscated his caste certificate, and the High Court dismissed his writ petition relying on pre-constitutional family records showing the caste of his paternal ancestors as "Koli" - Affirming the findings of the Scrutiny Committee and the High Court on the invalidity of the caste claim, the Supreme Court considered the question of protecting his retiral benefits – The Supreme Court observed that while ordinarily an appointment obtained on the basis of an invalid caste certificate would not survive, in exceptional circumstances where equities of the case so warrant, the Supreme Court may exercise its power under Article 142 of the Constitution of India to render complete justice - Taking note that the appellant had rendered more than 30 years of unblemished service until superannuation, and filed an affidavit stating that he has no children and no member of his family had derived any benefit from the invalidated certificate, the Court directed that the service rendered by the appellant from 21.10.1994 to 30.06.2025 shall stand protected for the limited purpose of computation and release of his retiral and pensionary benefits - It was explicitly clarified that such protection shall neither amount to validation/recognition of the caste claim nor entitle the appellant or his family to claim future benefits. [Relied on Chairman and Managing Director, Food Corporation of India & Ors. v. Jagdish Balaram Bahira & Ors., (2017) 8 SCC 670; R. Sundaram v. Tamil Nadu State Level Scrutiny Committee, 2023 SCC OnLine SC 287; Surekha Baljorsingh Thakur v. Caste Scrutiny Committee & Anr., Civil Appeal No. 4586 of 2024; Paras 11–16]

Cause Title: SHIRISH PANDHARINATH PATIL VERSUS THE STATE OF MAHARASHTRA & ORS.

Citation : 2026 LiveLaw (SC) 898

Click here to download judgment

Appearance:

For Petitioner(s) : Mr. Sudhanshu S. Choudhari, Sr. Adv. Mr. R.K. Mendadkar, Adv. Mr. Vatsalya Vigya, AOR Ms. Gautami Yadav, Adv. Ms. Pranjal Chapalgaonkar, Adv. Mr. Yash Singhania, Adv. Ms. Aanchal Rathore, Adv.

For Respondent(s) : Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Aditya Krishna, Adv. Ms. Sushmita Pandey, Adv. Ms. Arunima Das, Adv. Mr. Ashwin Arun Hirulkar, Adv. Ms. Kunika Bansal, Adv. Mrs. B. Sunita Rao, AOR Mr. Divyansh Kumar, Adv.

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