P.Jayaprakash v. The Executive Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2016

CORAM

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.VENUGOPAL W.P. No.4075 of 2016 and W.M.P.No.3414 of 2016 P.Jayaprakash .. Petitioner Vs.

1.The Executive Director (Personnel) / Zonal Manager, Disciplinary Authority, Life Insurance Corporation of India, L.I.C. Building, 12th Floor, Anna Salai, Chennai-600 002.

2.The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, Secretariat, Chenai-600 009.

rep by its Chairman.

.. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of dismissal in proceedings No.ERD/SZ/LEGAL/2014-15/1, dated 28.08.2014 on the file of the first respondent, quash the same and direct the first respondent to convert the service of the petitioner as general candidate as per the letter of the Manager (P&IR) in EF : P&IR, dated 12.07.1996.

For Petitioner : Mr.S.Doraisamy For Respondents: Mr.Silambannan, SC for M/s.Kaaviya Silambannan Asso. For R-1 Mrs.A.Srijayanthi, Spl.G.P for R-2

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) With consent, the writ petition is taken up for final disposal.

The instant writ petition is filed questioning the legality and validity of the dismissal order dated 28th August, 2014 and also for a direction to the first respondent to treat the petitioner as general candidate as per the letter of the Manager (P&IR) in Ref: P&IR, dated 12th July, 1996.

Indisputably, the petitioner was appointed on the post of Assistant on 16th July, 1986 under Scheduled Tribe category on the basis of the community certificate dated 2nd August, 1982 obtained from the then Deputy Tahsildar, Pallipat. In the course of his service, he was promoted to the post of higher grade Assistant on 22nd October, 1989. The petitioner made an application to obtain a fresh community certificate from the Revenue Divisional Officer, Tiruvallur, which was rejected on 28th September, 1991. The same was set aside by the High Court in W.P.No.15968 of 1991 vide order dated 15th November, 1991 to conduct a fresh enquiry. After a period of eight years, the petitioner was called upon to appear in enquiry to be held on 22nd November, 1999 and also to produce relevant documents.

The community certificate granted was subsequently cancelled, by order dated 31st July, 2000. The said rejection was taken to the State Level Scrutiny Committee for consideration, by order dated 16th August, 2000 passed by the High Court in W.P.No.13865 of 2000. In the meantime, by order dated 10th August, 2000, the service of the petitioner was terminated. The termination order was assailed in W.P.No.17534 of 2000, which resulted into setting aside the termination order, by order dated 18th October, 2001. In the meantime, the State Level Scrutiny Committee rejected the community certificate of the petitioner by order dated 23th August, 2001, which was again made the subject matter of challenge in W.P.No.16684 of 2001, resulted into dismissal of the writ petition on 13th September, 2001. Thereagainst, an appeal being W.A.No.

2678 of 2001, was filed. In the meantime, the petitioner was reinstated into service. The said appeal was dismissed for want of prosecution on 31st July, 2014, which resulted into passing of the impugned termination order dated 28th August, 2014. The question involved herein is as to whether the petitioner after having been appointed and acquired experience in the service, could have been terminated on the ground of rejection of the community certificate and denied benefits of reservation.

The learned counsel appearing for the petitioner bring to the notice of this court a communication dated 12th July, 1996 of the Manager (P&IR), Life Insurance Corporation of India, to the petitioner, whereunder, the petitioner was treated as general candidate.

An identical issue came up for consideration before the Supreme Court in Dattu, S/o.Namdev Thakur Vs. State of Maharashtra and others1, wherein it was held that the benefits, which have already been availed would continue, but the candidate would not be entitled to any further benefits under the caste certificate issued, on the basis of which the petitioner has obtained employment, following the judgment of the Supreme Court in Swati v. State of Maharashtra2.

In Kavita Solunke Vs. State of Maharashtra and others3, relying on the decision of the Constitution Bench in State of Maharashtra Vs. Milind and others4 it was held that the employee should not be ousted from service and shall be reinstated if already ousted, but she would not be entitled to any further benefit on the basis of the certificate which she has obtained before a long period of 10 years.

In view of such legal position, when the petitioner was appointed on the basis of the community certificate issued by the competent officer, which was subsequently rejected by the State Level Scrutiny Committee, the petitioner cannot be terminated from service on this ground. However, the petitioner will not be entitled to any benefit under reserved category. Accordingly, the impugned order dated 28th August, 2014 is set aside. The first respondent is directed to reinstate the petitioner into service. However, the petitioner will not be entitled to any benefit as admissible to the employees appointed under the reserved category. The petitioner shall be treated as general candidate for all purposes.

Resultantly, the writ petition stands allowed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vvk (2012) 1 SCC 549 Civil Appeal No.7411 of 2010, order dated 6.9.2010 (SC) (2012) 8 SCC 430 (2001) 1 SCC 4

To 1.The Executive Director (Personnel) / Zonal Manager, Disciplinary Authority, Life Insurance Corporation of India, L.I.C. Building, 12th Floor, Anna Salai, Chennai-600 002.

2.The Chairman, The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maligai, Secretariat, Chenai-600 009.

1 cc to Mr.s. Doraisamy, Advocate, Sr. 18186 1 cc to Government Pleader. Sr. 18727 W.P.No.4075 of 2016 KGK (CO) kk 6/4