PRAKASH KESHAV GANGULI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner calls in question his dismissal from the services of the New India Assurance Co. Ltd. and the order of dismissal dated 25.11.2008 (Annexure-G) and the subsequent order directing the petitioner to hand over the documents etc, on being relieved following his dismissal (Annexure-H) as well as the report of the Civil Rights Enforcement Directorate (Annexure-F)

(2.) Brief facts which have led to the aforesaid orders being passed and now being questioned in this petition are that, the petitioner joined the services of R-5 Insurance Company by giving his caste as Kotegar and the said caste falls under the Scheduled Caste. Caste certificate was issued by the Tahasildar during 1980-81 and after joining the service during 1980-81, he was promoted as Assistant Manager in 1991 and finally, at the time of dismissal, he was holding the post of Deputy Manager.

(3.) Learned counsel Shri S.N.Bhat for the petitioner argued that the order of dismissal cannot be sustained in law for various reasons. The first one is that, the petitioner belongs to Kotegar community and was issued with the caste certificate by the Tahasildar during 1980-81 to the effect that the petitioner belonged to scheduled caste. The petitioners community was treated as S.C. by the State Government and several persons had obtained the caste certificates as belonging to S.C. from the Tahasildar and subsequently, the State Government Issued Government Order dated 11.3.2002 to the effect that the persons, who had obtained caste certificates as belonging to S.T. caste will have to surrender the certificates for cancellation. However, they shall not be liable for penal action. The castes to which the said concession was given were Pariwara, Tahwara, Maaleru and Kuruba communities and, Beetha and Koli communities accordingly cases. The said benefit given to the above castes was also extended by the Government by another Government Order dated 29.3.2003 and the petitioners caste i.e., Kotegar, was also included among the communities which would get the benefit of the Government Order dated 11.3.2002. Therefore, the submission made is that, when several persons had obtained caste certificates claiming that they being to S.C. during the period from 1977 to 2002, the petitioner, who was issued caste certificate during 1980-81 as belonging to S.C., therefore, is entitled to the very same benefit that was extended by the G.O. dated 29.3.2003.