IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.12..2009 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. No.23578 of 2006 Chandrasehkhar H. Singadi ...Petitioner Vs. 1.The Chairman, Neyveli Lignite Corporation, Neyveli 01. 2. The Director (Personnel), Neyveli Lignite Corporation, Neyveli 01. 3. The Chief General Manager (Personnel), Neyveli Lignite Corporation, Neyveli 01. 4. The Chief General Manager, Thermal Power Station II, Neyveli Lignite Corporation, Neyveli 07. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the first respondent in Memo CORP/P & A/1651.DA Cell, dated 19.7.2006 and quash the same and consequently direct the reinstatement of the petitioner with back wages, continuity of service and all other attendant benefits. For Petitioner : Mr. Parthasarathy Sr. Counsel for Mr. K. Goviganesan For Respondents : Mr. N.A.K. Sarma – R1 to R4 https://hcservices.ecourts.gov.in/hcservices/ ORDER This writ petition has been filed to call for the records relating to the order passed by the first respondent in memo CORP/P&A/1651 DA, Cell dated 19.7.2006 and quash the same and consequently direct the reinstatement of the petitioner with back wages, continuity of service and all other attendant benefits. 2. The petitioner is an employee in the first respondent Corporation and joined as a Graduate Engineer Trainee on 17.12.1990. He was recruited under the category of Schedule Tribe on the basis of his claim that he belongs to the 'JENU KURUBA' tribe, which is a Schedule Tribe notified by the Government of India. In the year 1995, the disciplinary proceedings were initiated against the petitioner alleging that the petitioner belongs to Hindu backward community and not a Schedule Tribe as stated by him. After several proceedings before the authorities as well as the Court challenging one or other proceedings relating to the community certificate, it now transpires that the original community whereunder the petitioner claimed that he belonged to 'JENU KURUBA' a Schedule Tribe was found to be incorrect. It was held that the petitioner belongs to "Kuruba" community which is the backward community in the State of Karnataka. Thereafter, it is stated that 'JENU KURUBA' community was removed from the list of Schedule Tribes by G.O. Dated 11.3.2002 issued by the Government of Karnataka and all Schedule Tribe Certificate already issued were directed to be cancelled. 3. In view of the above, the respondents proceeded on the charge memo and concluded that the petitioner did not belong to the ' JENU KURUBA' Schedule Tribe community from inception and he was a backward community candidate. The respondents came to the conclusion that the petitioner joined the services on the basis of an incorrect or improper community certificate and therefore, he was liable to be discharged from the post of Assistant Executive Engineer forthwith. The petitioner was terminated and relieved from the post of Assistant Executive Engineer. Challenging the said order, the present writ petition has been filed. 4. The learned senior counsel Mr. Parthasarathy, appearing for the petitioner, at the time of final hearing of the matter, pleaded that the claim of the petitioner that he belonged to 'JENU KURUBA' a schedule tribe is not canvassed on merits, in view of the G.O. issued by the Government of Karnataka dated 11.3.2002 deleting the name of 'JENU KURUBA' from the Schedule Tribe list and also on the basis of the finding of the authorities that he belonged to the Hindu backward community to which fact, petitioner has no valid counter point. He, however, pleaded that his claim for continuity of service in the said post under the https://hcservices.ecourts.gov.in/hcservices/ respondents should be considered in the light of the GO NO.SWD713 SAD 93, dated 11.3.2002. It has been stated in the said G.O. as follows:- " In partial modification of Government Orders read at (1) and (2) Government are pleased order as under: 1. The benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara, Talwara, Maaleru, Kuruba communities in G.Os. Read at (1) and (2) above and Besta and koli Communities accordingly cease. All persons of these communities who have obtained ST caste certificates shall surrender them immediately to the issuing authority for cancellation. They shall not be liable for penal action provided they surrender their certificates. The issuing authority shall cancel such certificates. 2. Wherever it comes to the notice of the appointing authority that a ST certificate has been issued to a persons belonging to these communities and which has not been surrender or cancelled necessary action shall be taken for cancellation of such certificate by the issuing authority, with due regard to the principles of natural justice. The benefits of reservation obtained by the persons in para(1) educational and employment based on the wrong caste certificate issued by the competent authorities as ST and which have become final may also be not disturbed accordingly. 1. Enquires pending before the various Departments. Verification Committee, Appellate authorities, CRE cell and other authorities stands abated or dropped. 2. Action shall be taken to withdraw the cases filed before any court. 3.Suspension orders if any in such cases stands revoked. 4. Pensionary benefits that are withheld shall be released. 3. The competent authority to issue caste certificate shall independently verify each case before issuing a certificate and shall not issue a certificate merely because the father/ brother or any relative of the person holds a certificate as belonging to a particular community. 4. The appointments already made in respect of the persons belonging to Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities who have obtained employment under ST quota (as Nayaka, Maaleru, Kadu Kuruba, Jenu https://hcservices.ecourts.gov.in/hcservices/ Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli) shall be treated as appointments under GM category w.e.f. the date of this order. They shall not be eligible for any promotion or any other benefits as STs in future. However, they could claim benefits under the respective category of Backward classes to which they belong as per the existing Government Order. Separate orders shall be issued regarding the manner in which the vacancies lost to Sts on account of G.Os. Read at (1) and (2) above have to be restored. Any difficulty in implementing this order shall be referred to Government in the Social Welfare Department." 5. In particular, he pleaded that in terms of paragraph 4 of the G.O., the case of the petitioner can be considered for appointment under backward class category subject to the conditions prescribed therein. It is open to the petitioner to make a representation to the appropriate authority seeking their indulgence in terms of the above said Government Order. The authority shall consider the representation on its own merits and in accordance with law within a reasonable time, preferably within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim. This writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ra To 1. The Chairman, Neyveli Lignite Corporation, Neyveli 01. 2. The Director (Personnel), Neyveli Lignite Corporation, Neyveli 01. 3. The Chief General Manager (Personnel), Neyveli Lignite Corporation, Neyveli 01. https://hcservices.ecourts.gov.in/hcservices/ 4. The Chief General Manager, Thermal Power Station II, Neyveli Lignite Corporation, Neyveli 07. 1 cc to Mr.N. A.K. Sharma, Advocate, SR.65259 WP No. 23578/2006 RS (CO) kk 7/1 https://hcservices.ecourts.gov.in/hcservices/