CHINNAMMA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Petitioner claims to be a pulaya Christian converted as a Hindu pulaya under the auspices of Arya Samaj and hence entitled to the privileges of a member of the scheduled caste. She obtained a Suddhi certificate dated 3-3-1981 from Arya Samaj. She married a pulaya Hindu. By Ext. P3 G.O.(P) 372/85/GAD dated 6-9-1985 Government ordered retention in service of employees belonging to the Scheduled Castes and Scheduled Tribes communities appointed under R.9(a)(i) of the General Rules and who were in service as on 2-8-1984. Petitioner was appointed as Lower Division Clerk under R.9(a)(i) of the General Rules with effect from 16-7-1984. She continued in that post till 31-8-1984. Since she was a provisional employee in service as on 2-8-1984 she claims to be entitled to the protection of Ext. P3 order and regularisation in service. This claim was put forward before the Government. But the Government have not passed any order extending the benefit of Ext. P3 order to her. Hence this original petition inter alia praying for a direction to the respondents to reappoint her as a Lower Division Clerk in the Taluk Welfare Department and to regularise her services.

(2.) A copy of this petition was served on the learned Government pleader. He was also heard.

(3.) Petitioner alleges that she was a pulaya Christian. Nowhere in the petition has she stated that she was born a Hindu pulaya who converted into Christianity. So she is a Christian by birth. Christianity does not recognise caste discrimination. There are no Scheduled Castes among Christians. Hence the petitioner's claim that she was a pulaya Christian is a misnomer. She a born Christian adopted Hinduism by undergoing a Suddhikarma under the auspices of Arya Samaj. A Christian by conversion into Hinduism will not become a member of the Scheduled Caste community. So the conversion into Hinduism not confer on the petitioner the status of a member of the Scheduled Caste. Hence the claim put forward by the petitioner as a member of the Scheduled Caste community is unsustainable.