Ramesh Kumar Sharma v. Life Insurance Corporation Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7661 of 2019 ====================================================== Ramesh Kumar Sharma S/o Ram Chandra Sharma @ Ram Chandra Thakur Vill.- Kushiari, P.S.- Chakmehsi, Distt.- Samastipur ... ... Petitioner/s
Versus
1.
Life Insurance Corporation of India through its Chairman 2.
Senior Divisional Manager, Divisional Officer, Life Insurance Corporation of India, Muzaffarpur 3.
Personnel Manager Divisional Officer, Life Insurance Corporation of India, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Respondent/s :
Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 08-05-2019 The petitioner seeks his reinstatement in service from which he was terminated on the ground of his having been appointed wrongly on the schedule tribe quota.
2. It appears that the petitioner was appointed provisionally on schedule tribe quota as the petitioner hailed from caste Lohar (blacksmith). After the decision of the Supreme Court in Nityanand Sharma & Anr versus State of Bihar & Ors, 1996(2) PLJR 37, caste Lohar was not found to be included in the schedule tribe
Patna High Court CWJC No.7661 of 2019 dt.08-05-2019 2/2 community in the State of Bihar. Taking into account the aforesaid decision of the Supreme Court, the petitioner was terminated from the service.
3. Much later i.e. in the year 2016, the Government of Bihar came out with another notification which included caste Lohar in the category of schedule tribe communities in the State of Bihar.
4. The application of the aforesaid notification is prospective and not retrospective. Apart from this, the order of termination is of the year 1997 which was affirmed, on challenge by the petitioner in C.W.J.C. No. 6689 of 1997 on 20.05.1998.
5. Thus, there is no merit in the writ petition and therefore, it is dismissed.
(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10/05/2019