Can Govt Reopen Caste Checks for Retired Staff? Madras HC Refers Issue to Larger Bench

The Madras High Court has referred a crucial legal issue to a larger bench to decide whether the State can continue or initiate caste verification proceedings against retired government employees, especially those who obtained community certificates or employment before 1995.

A division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan passed the order on October 28, 2025, while hearing two petitions filed by R. Gurusamy and V. Somasundaram, both retired government employees from Coimbatore.

Gurusamy had challenged a 2018 show-cause notice issued by the Tamil Nadu State Level Scrutiny Committee (TNSLSC) questioning the validity of his community certificate, arguing that the enquiry could not continue after his retirement in May 2022. Similarly, Somasundaram sought to quash proceedings initiated in January 2021, contending that such post-retirement actions were impermissible and had delayed his pension benefits.

Both petitioners contended that community certificates issued before 1995 were immune from re-verification and cited previous High Court judgments in S.R. Krishnakumari (2024) and N. Vasugi (2025), which held that scrutiny after retirement was legally untenable.

However, the State opposed their plea, pointing to conflicting judgments that upheld the validity of such verifications. Citing the V. Perumal (2023) and C. Arumugam (2024) cases, the government argued that the enquiry could legally continue even after retirement, regardless of when the certificate was issued.

Observing that multiple division benches of the court had delivered contradictory opinions on this issue, the bench noted that “a clear cleavage of opinion” had emerged. Some benches have held that verification must continue till its logical end even after an employee retires, while others ruled that post-retirement proceedings are invalid if the delay is not attributable to the employee.

Given this conflict, the High Court referred the matter to a larger bench to settle three key legal questions -

1. Whether verification of community certificates or caste status is permissible after retirement;

2. Whether certificates issued or employment granted before 1995 can be scrutinized; and

3. Whether enquiries initiated before retirement can continue thereafter.

The Registrar (Judicial) has been directed to place the case before the Chief Justice for constituting the larger bench.

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

Order Date: October 28, 2025

Bench: Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan