V. JAGANNATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner, the Learned Counsel for the Respondents 1 and 2 and the Learned Government Advocate for the Fourth Respondent.

(2.) The Petitioner was selected for appointment to the post of Grade I Clerk, now designated as Junior Accounts Assistant through the Railway Recruitment Board on merits. He joined service on 21.10.82 under the Quota prescribed for Scheduled Tribe called 'Sholaga'. He was promoted to the post of 'Accounts Assistant' in 1985 and from that date he served in the said post without any without any blemish. He retired on 31.01.2014 and there was an Order passed by the Collector, Tiruchirappalli in his Proceedings dated 13.08.90 without following the procedure prescribed by Law, cancelling the Scheduled Tribe Community Certificate issued in his favour.

(3.) At this juncture, the Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner assailed the Order of the District Collector, Tiruchirappalli dated 13.08.90 in WP No.15738 of 1990 and the same was dismissed on 22.6.99 after nine years from the date of admission and Interim Order. The Petitioner filed W.A.No.811/1999 and this Court, on 23.04.2004 at Paragraph No.8, had observed the following:- 8. As discussed above, the Order of the District Collector dated 13.09.1990 does not disclose that the petitioner was given copy of the enquiry report or other materials before passing the impugned order. Accordingly, on the ground of violation of principles of natural justice, the same is liable to be quashed. "? 9. There is no dispute that after the decision of the Supreme Court in AIR 1995 SC 94 (Cited Supra), the Government of Tamil Nadu have constituted two Committees one at the District Level and another at the State Level. In such circumstances, though we set aside the order of the District Collector, dated 13.08.1990, the certificate secured by the petitioner has to be verified by the District Committee referred above and it is for the petitioner to prove and substantiate that his claim is genuine and acceptable. Accordingly, we permit the District Level Committee to go into the genuineness of the Community, "? and allowed the Appeal.