SHIV PUJAN PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is being prosecuted by the widow and children of one Shiv Pujan Prasad who died pending this appeal. On the eve of his retirement, as an Executive Engineer, he was served with an order of dismissal vide Office Memo dated 29.7.2005 dismissing him from service following a disciplinary enquiry initiated under Rule 7 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999.

(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, 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.