C SUNIL KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed provisionally as a Commercial Clerk in the Palakkad Division of Southern Railway against Scheduled Caste quota and sent for training with effect from 21-7-1989. Subsequently the petitioner was transferred to T.P.J. Division to wipe out the short-fall in the quota reserved for Scheduled Castes. The appointment of the petitioner as aforesaid was provisional because he did not produce the caste certificate issued by the Revenue authorities at the time of appointment. Since the petitioner failed to produce the caste certificate to the satisfaction of the Railway authorities, steps were taken to terminate his service. The petitioner thereupon moved this Court in O.P. No. 3635/88 praying for the issuance of a writ of mandamus directing the Tahsildar, Palakkad to issue to the petitioner a community certificate to the effect that he belongs to the caste "Thandan" which is a scheduled caste and for a declaration that the action of the Tahsildar, Palakkad in refusing to grant community certificate to the petitioner is illegal, unconstitutional arid void. The said original petition was disposed of by this Court as per Ext. P9 judgment dated 6-5-1988 directing the second respondent therein, namely, the Tahsildar, Palakkad to conduct an enquiry and if he finds that the petitioner belongs to the community of Thandan, a certificates prayed for shall be issued to the petitioner within one month from the date of receipt of a copy of that judgment. Pursuant to the direction issued by this Court as per Ext. P9 judgment, an enquiry was conducted by the Tahsildar, Palakkad and the petitioner's claim for inclusion as scheduled caste was rejected as per Ext. P10 letter of the third respondent. Since Ext. P10 was patently illegal, wrong and unsustainable according to the petitioner, he again moved this Court in O.P. No. 6984/89. This Court by Ext.-P11 judgment dated 9-1-1990 permitted the petitioner to make a fresh petition to the third respondent herein and the third respondent was directed to pass appropriate orders on the question of the scheduled caste status of the petitioner as expeditiously as possible after affording an opportunity to the petitioner to substantiate his claim. In compliance with the direction issued by this Court in Ext. P11 judgment, Ext. P13 final order was passed by the third respondent rejecting the petitioner's application for the issuance of scheduled caste certificate. Consequent to Ext. P13 final order of the third respondent, the petitioner was asked by the 4th respondent by letter dt. 13-2-1990 to produce a fresh community certificate from the Tahsildar concerned in the prescribed pro forma within 3 months failing which the petitioner was informed that his service will be terminated on 13-5-1990 in terms of Railway Board letter No. 78 E (SCT) 15/29 dt. 12-7-1978. Since the petitioner failed to produce the community certificate stating that he belongs to scheduled caste Thandan community, the 4th respondent issued Ext. P15 letter granting the petitioner 15 days time from the date of receipt of Ext. P15 letter to produce the caste certificate failing which he was informed that his services are liable to be terminated. On receipt of Ext. P15, the petitioner moved the Central Administrative Tribunal, Ernakulam Bench in O.A. No. 1601/91 challenging Ext. P15. The said O.A. was disposed of by the Tribunal by judgment dated 29-1-1993 directing respondents 1 to 3 therein to reconsider the case of the petitioner and pass appropriate orders in accordance with law as expeditiously as possible, at any rate, without any delay bearing in mind the observations contained in the judgment of the Tribunal. It was also ordered that the petitioner shall continue in service till the decision on the case is communicated to the petitioner and his further continuance will abide by the decision thereof. After the judgment of the Tribunal in O.A. 1601/91 the 4th respondent issued Ext. P16 show cause notice informing the petitioner that since he does not belong to the scheduled caste community, his services will be terminated on completion of one month period from the date of receipt of Ext. P16. On receipt of Ext. P16, the petitioner approached this Court with the present writ petition for a declaration that he belongs to the Thandan community referred to in the Constitution (Scheduled Caste) Orders, 1950 as amended by the Scheduled Caste and Scheduled Tribes Orders (Amendment) Act, 1976 and for the issuance of a writ of mandamus directing the second respondent to certify that the petitioner belongs to the Thandan Community falling within the purview of the Scheduled Caste Orders as laid down by the Hon'ble Supreme Court and for other incidental reliefs.

(2.) As per order in CMP No. 24956/95 dated 28-8-1995 this Court issued an ad interim direction restraining respondents 4 and 5 from acting upon Ext. P16 pending disposal of the original petition, for a period of one month. Thereafter, the interim direction was extended from time to time and by order dated 29-1-1996 the interim direction was extended by one month.

(3.) Respondents 2 and 3 have filed a counter affidavit contending inter alia that the petitioner is not entitled to get Scheduled Caste Thandan certificate even on the basis of the decision of the Supreme Court reported in Palghat J.T.S.S. Samithi v. State of Kerala 1994 (1) KLT 118 . Respondents 4 and 5 have not filed any counter affidavit. However, learned counsel appearing for respondents 4 and 5 has orally submitted that the Railway is adopting the stand taken by respondents 2 and 3 in their counter affidavit.