DILIP HEDAU Vs. STATE OF CHHATTISGARH & OTHERS

JUDGEMENT

(1.) WP (S) No. 1180 of 2013 has been preferred by the petitioner seeking direction to the respondents No.2 & 3 to open the closed envelope pertaining the petitioner, which is kept pursuant to the proceedings of the Departmental Promotion Committee (for short 'the DPC) dated 21-10-2011 for promotion to the post of General manager whereas WP (S) No.2492 of 2013 has been preferred seeking quashment of the order dated 8-5-2013 whereby the State Government has directed the Managing Director of the Chhattisgarh Hastshilp Vikas Nigam (for short 'the Board') to initiate the disciplinary proceedings against the petitioner for obtaining the caste certificate from an incompetent authority.

(2.) Facts of the case, briefly stated, are that the petitioner was appointed as an Assistant Manager in the Board on 8-6-1992, as a Scheduled Tribe 'Halba' candidate. He was, thereafter, appointed as Manager on 7th/9th May, 1994. He was issued a caste status certificate by the Naib Tahsildar, Rajnandgon, on 9-8-1991. According to the petitioner, the said authority was competent to issue a certificate. After the judgment of the Supreme Court in State of Maharashtra v. Milind and Others, 2001 1 SCC 4, it came to be settled that Halba Koshti/Koshti do not belong to and are not part of Halba ST Community and, as such, they are not entitled to avail the benefit of caste status of ST.

(3.) According to the petitioner, the Department of Personnel and Training (for short 'the DoPT'), Ministry of Personnel, Public Grievances and Pensions, Government of India, New Delhi, issued the Office Memorandum dated 10-8-2010 directing that those candidates who have been appointed on the post reserved for ST category on the basis of the social status certificate issued by the competent authority for. the caste Halba Koshti/Koshti before 28-11-2000 and order of appointment has become final, shall not be adversely affected, though they shall not be entitled to any further benefit of reservation after 28-11-2000. In the light of this Office Memorandum issued by the DoPT, the State Government also issued a similar circular on 1-10-2011.