S NEELAKANTAPPA Vs. BHARATH EARTH MOVERS LIMITED; EXECUTIVE DIRECTOR, BHARATH EARTH MOVERS LIMITED; DISTRICT CASTE VERIFICATION COMMITTEE; TAHSILDAR, BANGALORE NORTH TALUK

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 29.01.2016 impugned at Annexure-A to the petition and the Articles of Charges dated 04.02.2016 impugned at Annexure-B. In that light, the petitioner is seeking issue of direction to the respondents to forbear from taking any action against the petitioner in respect of his caste as he is on the verge of retirement.

(2.) The petitioner is employed with respondents No.1 and 2. While seeking employment and also for the purpose of promotions, he has been considered against the post reserved for Scheduled Caste since, the caste certificate had been relied on by him as belonging to the 'Machala' community. The petitioner no doubt is retiring on 31.05.2016 on attaining Superannuation. The respondents No.1 and 2 being the employer had sought for verification of the caste certificate relied on by the petitioner as they have received certain complainants with regard to the caste of the petitioner.

(3.) At an earliest point, the petitioner was before this Court in W.P.No.36758/2004 which was disposed of on 08.08.2005, as per a direction issued therein. Subsequently, the petitioner was before this Court in W.P.No.14524/2008 wherein this Court while disposing of the petition by the order dated 26.06.2012 had quashed the show cause notice and the order dated 12.07.2005 which are impugned herein. However, it was left open for the respondents No.1 and 2 to take appropriate steps to initiate proceedings before the State Level Caste Verification Committee constituted under the Government Order dated 06.05.2009 in accordance with law.