H R SUMANGALA W/O PRAKASH RAO Vs. ADDITIONAL DIRECTOR GENERAL OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT

JUDGEMENT

(1.) The petitioners in these batch of writ petitions are Bank employees. Since the petitioners have raised common grounds, these petitions are heard and disposed of by this common order.

(2.) The petitioners joined the services of the Bank during various periods commencing from 1979 to 1982. It is undisputed that the petitioners were appointed on the basis of caste certificates, claiming that they belonged to 'Kotegar community', which according to the petitioners includes the caste 'Rama Kshatriya', which is a synonym of 'Kotegar community'. Admittedly, 'Kotegar community', in terms of the Presidential notification is a Scheduled caste. The District Caste Verification Committee, in some of the cases pertaining to the petitioners, had declined to issue validity certificate on the ground that the petitioners belonged to 'Rama Kshatriya' community which is not a Scheduled Caste as notified in the Presidential Notification. The orders of rejection were passed in the year 1998. Admittedly, no action was initiated by the Bank authorities even after the District Caste Verification Committee declined to issue validity certificates. Thereafter, it appears that the State Government issued a Government order dated 11.03.2002 granting amnesty to all such persons who had secured jobs on the basis of caste certificates claiming that they belonged to Scheduled Tribe, though they belonged to Parivaara, Talwara, Maaleru, Kuruba, Besta and Koli communities. Similarly, another Government Order dated 29.03.2003 was issued by the State Government granting amnesty to all such persons who had secured jobs on the basis of caste certificates claiming that they belonged to 'Kotegar community' though persons belonging to Rama Kshatriya, Kote Kshatriya, Kotegara, Koteyava, Koteyara, Sherugara and Sarvegara, do not fall under the 'Kotegar community' which is a Scheduled Caste under the Presidential Notification. The protection sought to be granted by the State Government was to protect their employments with a condition that they shall be treated as general candidates and they shall not be eligible for benefit of reservation henceforth. Thereafter, another Circular dated 14.06.2011 was issued by the State Government clarifying the position that the benefit of reservation in education and public employment which protected the interest of such persons who were granted one-time amnesty under the Government Orders dated 11.03.2002 and 29.03.2003, was restricted only to persons who had secured employment under the State Government. In other words, it was clarified in the third Government order that the benefit under Government orders dated 11.03.2002 and 29.03.2003 is not extended to Central Government employees and Central Government undertakings.

(3.) It is contended by the petitioners that following the Government orders dated 11.03.2002 and 29.03.2003, the petitioners once again approached the District Caste Verification Committee and surrendered the caste certificates, following which the District Caste Verification Committee passed individual orders protecting the employment, in terms of the Government order dated 11.03.2002, subject to the condition that they shall not avail the benefit of reservation henceforth. Such orders were issued in the year 2008-09.