T NAGAPPAN Vs. COLLECTOR DISTRICT

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) IT is stated by the petitioner that he is working as an Assistant in the Coimbatore District Revenue Unit. Even though he belongs to `Ambalakarar' Community, it has been wrongly noted as -Muthuraja'. On knowing the mistake, he had applied to the concerned Tahsildar, during the year 1992, requesting him to issue a proper Community Certificate. The Tahsildar had, in turn, directed the Zonal Deputy Tahsildar, to issue the necessary certificate, after a detailed enquiry. Accordingly, a detailed enquiry was made by the Zonal Deputy Tahsildar, Udumalpet and he had issued a Community Certificate with Certificate No.2356587, on 23.7.92, stating that the petitioner belongs to -Ambalakarar' Community, which is recognised as a Most Backward Class community. Therefore, the Tahsildar, Udumalpet, had made the necessary entries in the service register of the petitioner. However, since the Collector of Coimbatore District had not considered the petitioner's community as a Most Backward Class Community, his name had not been included in the panel of Deputy Tahsildars for the year 1994, under the M.B.C. quota. Whereas, his juniors had been included in the said panel under the said quota. Therefore, the petitioner had preferred an appeal, dated 10.11.95, challenging the said panel. Since the appeal had not been disposed of by the Principal Commissioner and Commissioner of Revenue Administration, the petitioner had filed an original application before the Tamilnadu Administrative Tribunal, in O.A.No.1742 of 1996. Based on the order, dated 28.3.96, passed by the Tribunal, the appeal had been disposed of by the proceedings of the Appellate Authority, dated 23.5.96. The appeal had been rejected on the ground that the Community Certificate of the petitioner showing that the petitioner belonged to `Ambalakarar' Community had been cancelled by the Sub-Collector, Pollachi, in his proceedings, dated 25.3.96, and that the entries made in the Service Register of the petitioner, on 15.9.92, had also been cancelled by the Sub-Collector, Pollachi.

(3.) IT has been further stated that by G.O.Ms.No.125, Personnel and Administrative Reforms (Per.S), Department, dated 2.3.89, it has been made clear that there is no need to consider any request from the Government servants for alteration of the Community entered in the service register at the time of their entry into service. The Zonal Deputy Tahsildar had issued a fresh Community Certificate without conducting a detailed enquiry. While the petitioner had accepted that he had belonged to `Muthuraja' Community till the year 1992, there is no good reason for him to request for a fresh Community Certificate claiming that he belongs to `Ambalakarar' Community. IT is only with the malafide intention of claiming seniority over the others in the appointment as Deputy Tahsildar etc., without waiting for his turn in the normal course, he had obtained the Community Certificate showing that he belongs to -Ambalakarar' Community. Therefore, the revised false entries made by the Tahsildar, contrary to the orders issued by the Government in G.O.Ms.No.125, Personnel and Administrative Reforms (Per.S), Department, dated 2.3.89, has been cancelled by the Sub-Collector, Pollachi, on 22.3.96. Further, disciplinary action had also been taken against the Tahsildar, who made the false entries in the service register of the petitioner and a punishment of `Censure' had also been imposed on him by the competent authority. The false Community Certificate issued by the Zonal Deputy Tahsildar, without verifying the entries already available in the service register of the petitioner, was also cancelled by the Sub-Collector, Pollachi, to rectify the mistake committed by the Zonal Deputy Tahsildar, Udumalpet and Tahsildar, Udumalpet.