• Concessions available to intercaste couple on 1982 in employment

By birth i belong to a general class category. My husband belongs to schedule cast community, with who i got married in 1977.We have marriage certificate .I got government employment on the basic of certificate issued via govt resolution;labour & social welfare department no - Scw-2258-E, dated 12-08-1958 stating that this couple as well as their progeny are eligible to concessions available to schedule cast categories.My appointment was under schedule cast category.In Feb 2016  I retired on my super annuation .Now my office asked for validity of my cast certificate .I dont belong to sc category by birth.Due to intercaste marriage and concessions available during that period
I got the job.Now how I can produce my cast validity certificate? Only my husband having the validity certificate.
Please guide me.We are resident of mumbai and work place is in mumbai.Thanking you.
Asked 7 months ago in Labour from United States
1) you should in your reply rely upon govt resolution;labour & social welfare department no - Scw-2258-E, dated 12-08-1958 stating that this couple as well as their progeny are eligible to concessions available to schedule cast categories

2) you should mention that by birth you are not SC but since you married Scheduled caste guy you were entitled to benefit of scheduled caste categories 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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1) you should enclose copy of the govt resolution in your reply 

2) state clearly by birth you are Maratha but because of marriage to Schduled case man you became eligible for benefits 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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.Now my office asked for validity of my cast certificate 

For what purpose is the office demanding your caste certificate at this stage when you have already superannuated.  However you may produce your original community certificate and also annex the referred circular of the government to substantiate your appointment under the reserved category on that basis. 
Besides that you may produce an attested copy of your marriage certificate and your husband's community certificate which entitled you to be become eligible to this post under the said reserved category quota.
You can mention in the form of an affidavit referring to each document annexed to the covering letter  giving the factual details. 





T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
es in the certificate it is clearly mentioned that I belong to maratha cast not a schedule cast  married with a scheduled cast husband and vide stated government reference number is eligible to get concessions available to schedule cast person.

This certificate stating that you are entitled to the privileges of that community owing to your marriage with your husband belonging to the said community shall be a great evidence to bring you out of crisis. 
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
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1. As far as I know, wife belonging to general caste does not get the reservation facilities given to a SC employee if her husband belongs to SC category,

2. I have not heard about any concession given to anybody while being appointed for the reason that her husband belongs to SC category,

3. However, if you have been appointed under SC category based on the said circular, place it before your authority explaining him that you belong to general category  but were recruited under SC category as per the said circular.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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1. Has it been written that you will get concession or that you will be treated under reserved SC category for employment?

2. If it is for concession, what type of concession has been specified?

3. If you have been treated to be under reserved SC category, then submit the said circular to the authority.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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Hi, You have to reply to your office that due to inter caste marriage you will available the benefit and your birth case is different and if they refuse to give retirement benefit then you have to file a Writ Petition in the High Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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you should produce your caste certificate , you have to avail post retirement benefits it does not matter that your caste certificate shows you a general candidate. notification of year 1958 is in your favour and also doctrine of promissory estopple, under section 115 of the evidence act, will apply against the government. 

government had chance and also duty bound to inquire about caste of the candidate before or at the time of appointment, government is now stopped to inquire at this stage. in sri krishna university case it is held by the supreme court that failure of the government to perform his duty at appropriate stage is to be regarded as his ratification of the subject.  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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