Quick Summary: Somshekar Kashinath Babaladi, a retired superintendent, faced a permanent penalty on his pension due to a caste-related controversy. The court ruled in his favor, allowing him to receive his pension and gratuity.
Somshekar Kashinath Babaladi, a 75-year-old retired superintendent from the Central Excise Department, challenged a decision that took away his pension and gratuity. The Union of India, along with the Commissioner of Central Excise, were the other parties in this case.
Back in 1976, Somshekar was appointed as an Inspector of Central Excise. He stated he belonged to the Hindu Golla community, a Nomadic Tribe, not a Scheduled Tribe (ST). However, his caste was later listed as ST, which led to his promotion in 1991. This mix-up became a major issue years later.
Somshekar chose to retire early in 2004, but his pension and gratuity were held back due to questions about his caste status. Even though there were no criminal charges, his benefits were stopped, leading to a long legal fight.
In 2008, Somshekar was accused of wrongly claiming ST benefits. An investigation found these claims to be true, but the process broke the rule that such actions must start within four years, according to Rule 9 of the CCS (Pension) Rules, 1972.
The court, led by Justices M.S. Karnik and N.R. Borkar, found that the disciplinary actions were unfair and not in line with Rule 9. They noted that Somshekar never lied about his caste, and any mistake was the department's fault.
"The petitioner cannot be made to suffer for the mistake on the part of the department at such a belated stage."
The court canceled the order from the Tribunal, telling the respondents to pay Somshekar 50% of his back pay and start his monthly pension again. This decision was influenced by his age and the details of the case.
