S SWIGARADOSS Vs. CHAIRMAN

JUDGEMENT

(1.) THE petitioner has prayed for issuing a writ of certiorarified mandamus for quashing the order passed by the second in Proceedings No. 7-3/83-RPI, dated 01. 10. 1996, wherein the petitioner has been terminated from service. The petitioner has also prayed for further consequential direction regarding payment of all backwages, promotion, retirement benefits, etc.

(2.) THE facts giving rise to the present writ petition are as follows: the petitioner claims that his parents, who were Adi Dravida, had converted themselves to Christianity and the petitioner was born as such. But, he was re-converted to Hinduism in the year 1956 and continued as a member of Adi Dravida. Such conversion was published in the Gazette, dated 25th July, 1956. The petitioner further claims that he was selected by the Food Corporation of India on the basis of merit and not on the basis of any reservation and he was accordingly first appointed in 1968 and subsequently he was promoted as such not on the basis of any reservation. It is further claimed by him that in the year 1981, there was an Advertisement regarding Direct Recruitment to the post of D. M. (Deputy Manager ). By then, since certain controversies had arisen regarding the caste of the petitioner, a suit had been filed by him, numbered as O. S. 7926 of 1979 in the City Civil Court, Madras. An order had been passed regarding status-quo and in order to avoid contempt proceedings, Food Corporation of India by order, dated 11. 06. 1981, appointed the petitioner. It is claimed by the petitioner that the said selection was based on merits. However, in the appointment order a clause was unilaterally incorporated, indicating as if the selection was based upon the assumption that the petitioner belonged to scheduled caste and disputes were pending and further indicating that the petitioner would be required to refund all the benefits in case the judicial decision went against the petitioner. It is further claimed that the unilateral clause is not binding on him. It is further asserted that in fact at that time, two other persons had been appointed against reservation vacancies and the petitioner has not been so appointed. Even though the suit was initially decided in favour of the petitioner, ultimately the first appellate court held that the petitioner did not belong to scheduled caste community and allowed the appeal and dismissed the suit. The Second Appeal No. 270 of 1984, filed by the petitioner was also dismissed on the ground that Civil Court had no jurisdiction to decide such dispute and ultimately the matter was taken to the Supreme Court by the petitioner. The Supreme Court in SLP No. 27571 of 1995 decided against the petitioner. Thereafter, the Food Corporation of India passed the impugned proceedings terminating the services of the petitioner on the ground that even though he did not belong to scheduled caste, he had secured employment on that basis and therefore he has no right to continue. It was also indicated that the petitioner was not entitled to any terminal benefits. Such order is under challenge.

(3.) THE main contentions raised by the petitioner are to the following effect: