Case Note & Summary
The petitioner, a lecturer in a private college, obtained appointment under the Scheduled Caste quota by producing a false caste certificate claiming to belong to the Hindu-Bhovi community. The Commissioner of Social Welfare issued an order dated 7 July 2004 cancelling the certificate, leading to writ petition No. 30235 of 2004. That petition was dismissed on 18 January 2005, with the court upholding the finding that the petitioner did not belong to the community but protecting his appointment and UGC scale while barring future constitutional benefits. A criminal case under Sections 196, 198, 420 of the IPC and Section 3(1)(ix) of the Karnataka Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 was launched against him and ended in acquittal. After retirement, the petitioner sought pensionary benefits, which the authorities denied via the impugned direction dated 30 June 2015. The petitioner approached the High Court under Articles 226 and 227, arguing that the earlier order had attained finality and the acquittal entitled him to pension. The court, after hearing counsel, held that the appointment was secured by fraud, and a person who commits fraud on the Constitution cannot claim equitable relief. Relying on R Vishwanatha Pillai v. State of Kerala and Meghamala v. G Narasimha Reddy, the court reiterated that fraud unravels all, and pension is a benefit flowing from the illegal appointment. The earlier order merely allowed the petitioner to continue in service for the term already served but did not create any entitlement to pension. Accordingly, the writ petition was dismissed, and the petitioner was denied pensionary benefits.
Headnote
A) Service Law - Pensionary Benefits - Fraudulent Caste Certificate - Pension Not Payable When Appointment Obtained by Fraud - Constitution of India, 1950, Articles 16(4), 226, 227; Indian Penal Code, 1860, Sections 196, 198, 420; Karnataka Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(ix) - Petitioner, a lecturer, obtained appointment on the basis of a false caste certificate claiming to belong to Scheduled Caste, though he did not belong to that community. He served till superannuation and sought pensionary benefits. The Court held that a person who commits fraud on constitutional provisions cannot seek equity or relief from the Court; pension is a benefit flowing from the illegal appointment and is not payable. The earlier acquittal in criminal case does not entitle him to pension. Held: Petition dismissed (Paras 1-7).
Issue of Consideration
Whether a person who obtained appointment by fraudulent caste certificate is entitled to pensionary benefits after retirement
Final Decision
Writ petition dismissed. Petitioner is not entitled to any pensionary benefits. The court holds that a person who commits fraud on constitutional provisions cannot seek equity or relief, and pension is a benefit from the illegal appointment.
Law Points
- Legal points not extracted
- fraud avoids all judicial acts ecclesiastical or temporal
- equity prevents law from crafty evasions
- person seeking justice must do justice
- fraud on constitutional provisions disentitles relief
- pension not payable when appointment obtained by fraud
Case Details
2017 LawText (KAR) (03) 28
WRIT PETITION NO.109697 OF 2015 (S-R)
B.B. Bajentri, G K Hiregoudar, C. Jagadeesh, K. Vidyavathi
Bharamappa Mukappa Hosamani
The State of Karnataka & Others
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution seeking to set aside a letter/order dated 30.06.2015 issued by the Additional Director General of Police, Civil Rights Enforcement Cell, and to direct payment of pensionary benefits.
Remedy Sought
Petitioner seeks quashing of the impugned direction/letter dated 30.06.2015 and consequential direction for grant of pension.
Filing Reason
Petitioner's appointment was based on a fraudulent caste certificate; after retirement, authorities denied pension, hence he filed this petition.
Previous Decisions
Earlier writ petition WP No.30235/2004 challenging cancellation of caste certificate was dismissed on 18.01.2005 with conditions; criminal trial in Special (SC/ST) No.16/2014 ended in acquittal.
Issues
Whether the petitioner, whose appointment was obtained by fraudulent caste certificate, is entitled to pensionary benefits after retirement?
Whether the acquittal in the criminal case or the earlier court order entitles the petitioner to pension?
Submissions/Arguments
Petitioner's counsel argued that the earlier writ petition order attained finality and protected his appointment, and after acquittal, he is entitled to pension. Respondents opposed, likely contending fraud vitiates all benefits and pension is a benefit flowing from illegal appointment.
Ratio Decidendi
A person who obtains appointment by fraudulent caste certificate cannot claim pensionary benefits after retirement, as pension is a benefit flowing from the illegal appointment. Fraud vitiates all actions and courts will not extend equitable relief to such a person. The principle that a person who seeks equity must do equity and come with clean hands applies.
Judgment Excerpts
it is an undisputed fact that the petitioner got appointment on the basis of the caste certificate obtained by playing fraud.
He has deprived the very constitutional opportunity that is provided to a person who actually belongs to Scheduled Caste.
Person who seeks equatorial relief or a constitutional relief shall approach the Court with clean heart and soul.
Fraudulent petitions shall not be entertained for any type of consideration by the High Courts.
the person who plays fraud and gets the benefit of appointment and the court extended its aid and helped him in retaining that benefit of appointment only to the extent that term extends, is not entitled to further benefits flowing from the appointment, which was illegally obtained, such as pension.
Procedural History
Petitioner was appointed as lecturer based on a caste certificate. The Commissioner, Social Welfare Department issued order dated 07.07.2004 cancelling the caste certificate. Petitioner challenged in WP No.30235/2004, which was dismissed on 18.01.2005 with conditions. Criminal case Special (SC/ST) No.16/2014 filed under IPC and SC/ST Act ended in acquittal. After retirement, the fourth respondent issued a direction/letter dated 30.06.2015 (Annexure-P) which is challenged in this writ petition. The petition was heard and dismissed on 16.03.2017.
Acts & Sections
- Indian Penal Code, 1860: 196, 198, 420
- Karnataka Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(ix)
- Constitution of India, 1950: 16(4), 226, 227
