-G SESU NAIK Vs. DISTRICT JUDGE

JUDGEMENT

(1.) A very important substantial question arises in this case - whether an incumbent who obtained appointment and later promotion on the strength of he being member of a community included as Scheduled Tribe as per the Presidential Order can be denied of all such benefits, if on a subsequent enactment that community is excluded from the list of Scheduled Tribes.

(2.) The appellant-writ petitioner is a member of Marati community in Kasaragod Taluk in Kasaragod District. This community was included as item No. 28 in the Constitution (Scheduled Tribes) Order, 1950, promulgated by the President exercising powers under Article 342(1) of the Constitution of India. Later by reason of an enactment in terms of Sub-Article (2) of Article 342, namely, Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002, which was enforced with effect from 7.1.2003, this community was taken out of the list of Scheduled Tribes.

(3.) The petitioner obtained appointment as Lower Division Clerk in the Judicial Ministerial Service on 17.9.1981. At that time his community was included in the list of Scheduled Tribes as per the Presidential Order. For further promotion pass in Account Test (Lower) is essential. In terms of Rule 13AA of the General Rules in KS & SSR members of Scheduled Castes and Scheduled Tribes are exempted from such departmental test, for getting promotion. Accordingly, rendering the benefit of the said Rule, the appellant was promoted as Upper Division Clerk on 16.9.1985. He was further promoted as Junior Superintendent on 24.11.1995. On all these occasions, he was rightly regarded as a member of Scheduled Tribe, on the strength of the Presidential Order then in force. He was continuing as such.