SHIV PUJAN PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 29.7.2005 (Annexure-17 to the writ petition) passed by the State Government whereby while working on the post of Executive Engineer in P.W.D. of the Government of U.P he has been dismissed from service. A further relief in the nature of Mandamus commanding the respondents to forthwith release the entire post retiral benefits of the petitioner including provident fund, gratuity, leave encashment, Group Insurance etc. and also to pay the pension to the petitioner permissible under law is also sought for.

(2.) The relief sought in the writ petition rests on allegation that the petitioner was appointed as Overseer in Public Works Department of Government of U.P. in the year 1971. At the time of submitting his application form he has mentioned his caste as "Mallah" under the impression that "Mallalh" and "Manjhi" communities arc the same However subsequently on the detection of the aforesaid mistake the petitioner obtained a fresh caste certificate from the Sub-Divisional Magistrate, Chakiya on 22.2.1971 in which his caste was denoted as "Manjhi". which is scheduled caste and in view of which the petitioner was given appointment on 25 6.1971 against the seat reserved for scheduled caste candidate. After his appointment as such he continued to work on the said post, which was subsequently redesignated as Junior Engineer and he was confirmed as a Junior Engineer on 14 1.1974. On 1.4.1978 the petitioner was awarded his selection grade on the post of Junior Engineer and thereafter promoted as Assistant Engineer on 27.1.1982. on a post reserved for scheduled caste candidates However on 10.8.1984 he was reverted from the post of Assistant Engineer to the post of Junior Engineer on the ground that he was not a person belonging to the scheduled caste. Being aggrieved, the petitioner filed writ petition No. 4080 of 1984 Shiv Pujan Prasad v. State of U.P. before the Lucknow Bench of this Court, which was however dismissed on 24.8.1984. Feeling aggrieved against which the petitioner filed Special Leave Petition before Supreme Court, the said S.L.P. was granted and converted into Civil Appeal and ultimately allowed on 29.7.1985. whereby the order of reversion dated 10.8.1984 was set aside on the ground that the order determining his caste was passed without giving him adequate opportunity of hearing with a direction that Collector, Varanasi shall hold fresh inquiry by affording opportunity of hearing to the petitioner, till then the petitioner shall be continued to his post but his future fate shall depend on the result of such inquiry

(3.) It is further alleged that in pursuance of the said direction the Sub-Divisional Officer. Chakiya. Varanasi submitted an inquiry report to District Collector, Varanasi on 25.8.85 specifically mentioning therein that the petitioner is "Manjhi" (Majhwar) by caste (Annexure-4 of the writ petition) and Majhwar caste is one of the scheduled caste. The aforesaid report was submitted after due verification, thereupon an endorsement was made by the Collector, Varanasi and fresh caste certificate was issued to the petitioner on 25.8.1985 as a person belonging to "Majhwar" community, which was actually scheduled caste. Not only this but the District Collector, Varanasi vide his letter dated 2.9.1985 has informed the Registrar General of Hon'ble Supreme Court that after holding inquiry relating to caste of petitioner, a caste certificate has been issued indicating his caste as "Majhwar" and another letter of the same effect was also sent to the State Government. It is further stated that in spite of fact that inquiry relating to the actual caste of the petitioner was duly held and a fresh caste certificate was issued to him but the petitioner was not permitted to discharge his duty as such he was compelled to move contempt petition before Hon'ble Supreme Court of India, which was ultimately dropped on 27.11.87 on compliance of the order passed by the Apex Court, consequently the petitioner was permitted to join his post of Assistant Engineer in the month of November, 1987 and was paid all arrears of his salary till the date While working on the post of Assistant Engineer. the petitioner was further promoted as Executive Engineer on 21.1.1995 along with several other persons. But while working on the said post of Executive Engineer vide order dated 3.6.2000 he was placed under suspension in contemplated disciplinary inquiry against him on the ground that he got promotion by filing false certificate of scheduled caste whereas he belongs to the backward class. Feeling aggrieved against which the petitioner filed writ petition before this Court and while entertaining the writ petition vide interim order dated 28.8.2000 this Court has stayed the order of suspension but the pending disciplinary inquiry against him was permitted to continue.