K. NIRMALA & ORS. versus CANARA BANK & ANR.

K. NIRMALA & ORS. versus CANARA BANK & ANR.

The Court held that appellants who obtained Scheduled Caste certificates in accordance with State of Karnataka circulars prior to de-scheduling are entitled to protection of their services; the Karnataka circular dated 29.03.2003, as ratified by the Ministry of Finance communication dated 17.08.2005, requires that such employees be treated as general merit/unreserved for future purposes and protects them from termination and departmental or criminal action, and the show cause notices issued to terminate their services were quashed.

Parties
Appellant: K. Nirmala & Ors.; Respondent: Canara Bank & Anr.
Jurisdiction
India
Judgment Date
28 August 2024
Procedural Posture
Civil Appeal / Judgment on Appeal to the Supreme Court (leave Granted)
Outcome
Appeals allowed; impugned judgments quashed and set aside.
Legal Topics
De Scheduling of Castes, Scheduled Castes Certificates, Retention of Employment, Government Circulars, Articles 341 and 342
Service Law Constitutional Law Administrative Law De Scheduling of Castes Scheduled Castes Certificates Retention of Employment Government Circulars Articles 341 and 342

Case Brief

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Parties

K. Nirmala & Ors.

Appellant

Canara Bank & Anr.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to the Supreme Court (leave Granted)

Legal Issues

  1. 1 Whether a person who joined services based on a certificate identifying them as belonging to a Scheduled Caste/Scheduled Tribe under State of Karnataka notifications is entitled to retain the position after the caste/tribe was de-scheduled
  2. 2 Whether Government of Karnataka circulars dated 11.03.2002 and 29.03.2003 and Ministry of Finance communication dated 17.08.2005 protect employment of persons who obtained Scheduled Caste certificates prior to de-scheduling

Ratio Decidendi

The Court held that appellants who obtained Scheduled Caste certificates in accordance with State of Karnataka circulars prior to de-scheduling are entitled to protection of their services; the Karnataka circular dated 29.03.2003, as ratified by the Ministry of Finance communication dated 17.08.2005, requires that such employees be treated as general merit/unreserved for future purposes and protects them from termination and departmental or criminal action, and the show cause notices issued to terminate their services were quashed.

Court Disposition

Appeals allowed; impugned judgments quashed and set aside.

Orders

  • Proposed show cause notices to terminate services quashed
  • Appellants' services protected and they are to be treated as general merit/unreserved for future purposes as per Government of Karnataka circular dated 29.03.2003 and Ministry of Finance communication dated 17.08.2005