R. VENKATARAMAN Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The petitioner has come forward with this writ petition seeking to issue a Writ of Mandamus directing the respondents 1 to 3 to disburse to him all terminal benefits by revising his pay scale, by extending all the allowances, increments, backwages and other benefits such as leave encashment, medical benefits etc., with reasonable interest from the date on which they are due and payable to him.

(2.) In the affidavit filed in support of the writ petition, it is stated by the petitioner that he belong to Hindu Kammara Community, which is classified as a Scheduled Tribe community. According to the petitioner, in the year 1979, he was selected and appointed as Typist at Dindigul under the quota reserved for the scheduled tribes. At the time of his appointment, he produced the community certificate dated 08.03.1979 issued to him by the

(3.) Tahsildar concerned. It is his assertion that only upon verification of his communal status, as reflected in the community certificate, he was appointed to the post of Typist. Subsequently, in the year 1984, the post held by the petitioner was converted as Assistant and in the year 1986, he was promoted as Senior Assistant. While so, in the year 2000, the name of the petitioner came up for consideration for promotion to the post of Assistant Administrative Officer. Even though he was selected for the post of Assistant Administrative Officer, his selection was withheld with a view to accommodate another candidate who was sponsored by the Trade Union concerned. Notwithstanding such exclusion, the petitioner was called upon to produce another community certificate, even though it was not required. Accordingly, the petitioner produced another certificate. On receipt of such certificate, immediately, disciplinary proceedings were initiated against the petitioner and his services were terminated. Challenging the order of termination, the petitioner filed WP No. 14605 of 2003 before this Court and it was allowed on 22.09.2004 with a direction to reinstate him in service with all attendant benefits. As against the order passed in WP No. 14605 of 2003 on 22.09.2004, the respondents have preferred Writ Appeal No. 3959 of 2004 and it was dismissed on 23.11.2004. Even after dismissal of the writ appeal by the Division Bench, the order passed in WP No. 14605 of 2003 has not been complied with, therefore, the petitioner issued a contempt notice trough his counsel. The respondents, on receipt of the contempt notice, did not comply with the order passed in WP No. 14605 of 2003, instead, approached the District Level Vigilance Committee to verify the community certificate