IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.6.2009 CORAM THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HON'BLE MR.JUSTICE RAJA ELANGO Writ Petition No.5270 of 2009 R.Mohan .. Petitioner Vs. The Director (Personnel) Corporate Office Neyveli Lignite Corporation Limited Block No.1 Neyveli 607 801. .. Respondent Petition under Article 226 of the Constitution of India praying for issue of a writ of Certiorarified Mandamus calling for the records from the respondent relating to his proceedings No.D(P)/ P&A/101/2008 dated 29.11.2008 and quash the same and consequently, direct the respondent to reinstate the petitioner with all attendant benefits including back wages and continuity of service. For Petitioner : Mr.V.Venkkatasamy For Respondent : Mr.N.A.K.Sharma O R D E R (Made by S.J.MUKHOPADHAYA,J.) The petitioner challenges the order dated 29.11.2008 issued by Neyveli Lignite Corporation Limited, Neyveli (hereinafter referred to as the "Corporation"). 2. As the case can be disposed of on a short point, it is not necessary to discuss all the facts except the relevant one as noticed hereunder. 3. The petitioner, who belongs to Kammavar Naidu caste (Backward category) and not Scheduled Caste, produced a certificate dated 9.7.1985 issued by the Tahsildar, Vridhachalam, in support of his claim that he belongs to Scheduled Caste community (Hindu- Arunthathiyar). In view of such production of the certificate https://hcservices.ecourts.gov.in/hcservices/ stating to be a Scheduled Caste candidate, he was appointed in the Corporation by order dated 18.7.1987. Later on, when the matter came to the notice of the higher authority, a disciplinary proceedings was initiated for the charge of production of bogus certificate and the said charge having found proved in the proceedings, a punishment of reduction of pay by two stages in the time scale of pay was inflicted on 27.10.1997. Having noticed the gravity of charge, the appellate authority suo motu reviewed the order of punishment under the Rules and issued a show cause notice on 27.1.1998 and on receipt of reply, dismissed the petitioner from service on 4.6.1998. 4. The order of dismissal from service was challenged by the petitioner in W.P.No.16426 of 1999 before this Court on the ground that the appellate authority had reviewed the decision of the disciplinary authority after lapse of permissible time. This Court, after hearing the parties, by order dated 3.11.1999, quashed the order of the appellate authority and directed for reinstatement without back wages. But, liberty was given to the Corporation to verify the social status of the petitioner through the Collector or other authority and to proceed afresh. 5. Thereafter, the matter was referred to the District Revenue Officer. Before the District Revenue Officer, the petitioner declared that his father had obtained the caste certificate incorrectly by stating that he belongs to Hindu Arunthathiyar and in fact, the petitioner belongs to Kammavar Naidu caste. The matter was communicated vide letter dated 7.8.2006. In view of such communication, the petitioner was given an opportunity by the Corporation by way of show cause notice, to which, the petitioner has submitted his written explanation dated 30.9.2008, wherein, he highlighted the following facts: "(a) by birth, he belongs to Kammavar Naidu as his parents. His father an ex-employee belongs to the same community; (b) his school certificate gave a different version that he belongs to Arunthathiyar community listed in the SC list. The school authorities could have committed the mistake by oversight and he didn't see any evil consequence until he was served with charge memo during 1996." 6. Having noticed the show cause reply and taking into consideration the fact that he was appointed against a post reserved for Scheduled Caste, his appointment being illegal, the respondent, by the impugned order dated 29.11.2008, observed that the petitioner has no legal right to continue in employment secured on the basis of such community certificate and thereby terminated his service. https://hcservices.ecourts.gov.in/hcservices/ 7. The learned counsel appearing on behalf of the petitioner, while accepting that the petitioner does not belong to Scheduled Caste, submitted that the petitioner has never been given any promotion as Scheduled Caste and that his appointment having been made on merit and the certificate being not forged or fabricated, there is no occasion for the respondent to issue the impugned order of termination. 8. The aforesaid plea was not accepted by the learned counsel for the respondent, as the petitioner himself has admitted that he does not belong to Scheduled Caste. 9. We have heard the learned counsel for the petitioner and the Corporation. 10. It is not disputed by the petitioner that he belongs to Backward Category and does not belong to Scheduled Caste. It is also accepted that he was appointed against a reserved post for Scheduled Caste. Thus, the appointment of the petitioner against a reserved post being illegal and the same having come to the knowledge of the authority and it has been rectified by an order of terminating the illegal appointment, we find no ground to interfere with the order of termination. Finding no merit, the writ petition stands dismissed. No costs. Consequently, M.P.Nos.1 and 2 of 2009 are also dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kpl To The Director (Personnel) Corporate Office Neyveli Lignite Corporation Limited Block No.1, Neyveli 607 801. 1 cc To Mr.N.A.K.Sarma, Advocate, SR.22507. W.P.No.5270 of 2009. KU(CO) RVL 22.06.2009 https://hcservices.ecourts.gov.in/hcservices/