N.Selvarangam v. The State Level Scrutiny Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.18084 of 2019 and WMP(MD) Nos.1673 of 2020 and 13925 of 2022 N.Selvarangam ... Petitioners -vs1.The State Level Scrutiny Committee rep. by its Chairman Adi Dravida & Tribal Welfare Department Fort St. George Secretariat Chennai 600 009.

2.The Works Manager, Ordinance Factory, Trichy.

3.The General Manager Ordnance Factory, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to forbear the respondents 2 and 3 from proceeding with the charge memo No.7931/VIG/31/2018 dated 30.11.2018 issued

to the petitioner pending verification of the petitioner's community certificate by the 1st respondent viz., State Level Scrutiny Committee. For Petitioner : Mr.V.Vijayshankar For Respondents : Mr.D.Sasikumar for R1 Additional Government Pleader Mr.S.Jeyasingh for R2 & R3

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.V.Vijayshankar, learned counsel for the petitioner, Mr.D.Sasikumar, learned Additional Government Pleader for the respondent No.1 and the learned counsel for the respondents 2 and 3 employer.

2. On 29.08.2023, we had asked the learned Additional Government Pleader as to the stage of enquiry with the committee and about the issuance of the caste certificate dated 15.08.1985. The report is submitted that no community certificate was issued on 15.08.1985. Three months time is sought by the Committee to conclude the enquiry.

3. The respondent Committee may conclude the enquiry within three months from today. The petitioner shall appear before the Committee on 07.09.2023 and cooperate in conclusion of the enquiry. If the petitioner does not cooperate in conclusion of the enquiry before the Committee regarding the caste claim, then the Committee is entitled to proceed further.

4. Till a decision is taken by the Committee in respect of the caste claim, the employer may not proceed further with the enquiry. Depending upon the decision taken by the committee with regard to the caste claim, the employer is entitled to proceed further.

5. The writ petition is disposed of. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. [S.V.G., CJ.] [C.K., J.] 01.09.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Chairman The State Level Scrutiny Committee Adi Dravida & Tribal Welfare Department Namakkal Kavingar Maaligai Secretariat, Chennai.

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.18084 of 2019 01.09.2023