D. ANAPPA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) PETITIONER obtained a Certificate Dated: 31.08.1978 from the Tahsildar, Bangalore North Taluk, declaring him to belong to 'Jenu Kuruba', a Scheduled Tribe, Annexure -A, where afterwards , responded to a Notification inviting application for filling the post of 'Assistant', reserved for S.T. on 16.4.1979, following which respondent Oriental Fire and General Insurance Company Limited, accepted the said Certificate, and appointed the petitioner as 'Assistant[T]' by Order dated 15.12.1979 Annexure -B, which was confirmed by correspondence dated 1.4.1980 Annexure -C of the respondent.

(2.) THE State Government by Order SWD.713.SAD.93 Bangalore, dated 11.3.2002 Annexure -D, partially modified the orders dated 23.1.1986 and 2.9.1986 where under the benefits of reservation in admission to Educational Institutions and Educational Concessions extended to Parivara, Talawara, Maaleru, Kuruba Communities and Besta and Koli Communities ceased and all persons of the said Communities who had obtained 'Scheduled Tribe' caste certificate, were required to surrender them immediately to the issuing authority for cancellation, and would not be liable for penal action provided they surrender the certificates and the issuing authority cancels such certificates. Clause -4 of the said order states that such of those persons belonging to those Communities who obtained employment under Scheduled Tribe quota as Nayaka, Maaleru, Kadu Kuruba, Jenu Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli be treated as appointed under 'general merit' category with effect from the date of the order and not eligible for promotion or benefits as 'Scheduled Tribe' in future though could claim benefits as backward class to which they belong as per the existing Government Order.

(3.) PETITIONER is said to have attained the age of superannuation on 30.1.2012 where afterwards , petitioner was not extended the retirement benefits. Petitioner, when placed under suspension, pending enquiry for furnishing a false caste certificate led to WP Nos. 2888 -2890/2012, whence a learned Single Judge by order dated 24.5.2012 Annexure -J, disposed of the petitions, keeping open all contentions advanced by the petitioner in the light of the fact that a special Committee was constituted by Government Order dated 6.5.2009 to enquire into the caste certificate issued to the petitioner, and similarly placed persons.