Shiv Pujan Prasad(Dead) By Lrs vs State Of U.P. & Anr

2. Shiv Pujan Prasad challenged the above mentioned order before the High Court of Allahabad, in Writ Petition No.5709/2005 and also sought a direction to disburse the entire post-retiral benefits including the provident fund, leave encashment, gratuity, group insurance, etc. and also the pension due to him.

3. Shiv Pujan Prasad was initially appointed as an Overseer in the Public Works Department of the State of Uttar Pradesh on 25.06.1971. While entering service he produced a certificate dated 22.02.1971 issued by the Sub-Divisional Magistrate, Chakia, showing that he belonged to `Manjhi' (Majhwar) Community, a scheduled caste. The post of Overseer was subsequently designated as Junior Engineer and he was confirmed in that post on 14.01.1974. On 01.04.1978, Shiv Pujan Prasad was awarded selection grade. Later, on 27.1.1982, he was promoted as an Assistant Engineer, a post reserved for scheduled castes. The Chief Engineer, however, subsequently passed an order reverting him to the post of Junior Engineer on the ground that he did not belong to the scheduled caste community. Aggrieved by the order of reversion, Shiv Prasad preferred Writ Petition No.4080 of 1984 before the Lucknow Bench of the Allahabad High Court which was dismissed on 24.08.1984. Shiv Pujan Prasad brought up the matter before this Court, by way of appeal by special leave, in Civil Appeal No.2964/1985. It was contended before this Court that the caste status of Shiv Pujan Prasad was determined without giving him any effective opportunity to submit his defence. Counsel appearing for the State of Uttar Pradesh fairly conceded to that fact. This Court, therefore, set aside the impugned order and directed the District Collector, Varanasi, 3 to hold a fresh enquiry after giving reasonable opportunity to Shiv Pujan Prasad to defend his case. Shiv Pujan Prasad was also permitted to hold the post of Assistant Engineer, and it was ordered that his further posting would be governed by the outcome of the enquiry which was directed to be completed within two months.

6. The State Government later received a complaint dated 03.02.1998 from the General Secretary of an Association called Kisan Sangharsh Samiti, Mirzapur, Sonebhadra, questioning the caste status of the appellant. Another complaint was registered before the Uttar Pradesh Schedule Caste and Schedule Tribe, Commission, by the All India SC, ST, Backward Classes and Minority Employees Welfare Association, Pipri, on 20.04.1999. The Commission ordered yet another enquiry on the caste status of Shiv Pujan Prasad under Section 11 of U.P. Schedule Caste and Schedule Tribe Commission Act, 1995. Enquiry revealed that Shiv Pujan Prasad belonged to "Mallah" community which is a backward community and that he did not belong to "Manjhi" community which is a Scheduled Caste. Pointing out that Shiv Pujan Prasad had obtained appointment on the basis of forged caste certificate, an FIR was lodged against him by the Department for an offence punishable under Section 420 IPC. Shiv Pujan 5 Prasad was then placed under suspension pending disciplinary proceedings. The Enquiry Report held that Shiv Pujan Prasad got appointment on the basis of forged caste certificate in which the caste "Manjhi" was written in place of "Mallah" and got several promotions in the service. The Government accepted the report and dismissed Shiv Pujan Prasad from service on 29.7.2005, two days prior to the date of his superannuation. The correctness of that order is in issue before us.

10. We have already indicated that while this matter was pending before this Court, Shiv Pujan Prasad died and, therefore, wife and children 8 are claiming entire post retiral benefits including the provident fund, leave encashment, gratuity, group insurance, etc. and also the pension due to him which have been denied to them, which they are entitled to get. For the reasons stated above we are inclined to allow this appeal and set aside the judgment of the High Court passed in Writ Petition No.5709/2005 and also the order of dismissal dated 29.07.2005. There will be a further direction to the respondents to disburse entire post-retiral benefits including the provident fund, leave encashment, gratuity, group insurance, etc. and also the pension due to Shiv Pujan Prasad to the appellants forthwith.

11. We record these findings in view of the peculiar facts and circumstances of the case and that this judgment shall not be treated as a final determination of the caste status with reference to the legal heirs of Shiv Pujan Prasad. Appeal is allowed, as above.

November 30, 2009.