SOUTH CENTRAL RAILWAY Vs. B VEERA RAJU

JUDGEMENT

(1.) As these writ-appeals are inter-connected the same are disposed of by this common judgment.

(2.) Writ Appeal No. 592 of 1985 is directed against Writ Petition 5464 of 1982, and Writ Appeal No. 593 of 1985 is directed against Writ Petition 994 of 1980. The Union of India, represented by the Secretary, Ministry or Railways the Railway Board represented by its Secretary, the General Manager, South Central Railway, The chief Personnel Officer, South Central Railway, and the Senior Personal Officer, South Central Railway, who are the respondents in the writ petitions, are the appellants herein. A learned Single Judge of this Court, Ramachandra Raju J., by a common order, allowed Writ Petition Nos. 994/80,2444/82 and 5464/82 filed by B. Veeraraju, the respondent herein.

(3.) The following facts are necessary to understand the contentions that arise for consideration: The respondent joined service in the Railways on 20-12-1955 as a Lower Division Clerk claiming himself to be a Kondakapu - a recognised Scheduled Tribe. His recruitment was against a post reserved for members of Scheduled Tribes and it was based on the selection made by the Railway Service Commission. The respondent studied upto Intermediate and passed two in subjects. At the time of his selection he was required to produce SSLC certificate but he did not do so representing that the certificate was lost. He is a native of Eleswaram.Peddapuram Taluk, East Godavari District. He produced three certificates issued by three authorities viz., (i) by the Revenue Divisional Officer, Peddapuram on 26-1-1954; (ii) by the Additional District Magistrate, East Godavari on 30-11-1954; and (iii) by the Special Magistrate, Peddapuram on 13-11-1955 in support of his claim that he is a Kondakapu. He was allowed to continue in service uninterruptedly without the railway administration making any further demand on him to produce his SSLC certificate. By 9-12-1977 he was holding the post of Head Clerk. In 1979, the Railway Service Commission conducted an examination for recruitment to the post of Law Assistant - a Class (3) post in Category - III- for which in -service candidates like the respondent also were eligible. Certain posts were reserved for members of Scheduled Tribes and the respondent applied for recruitment against the quota reserved for Scheduled Tribes. On 8-1-1979 he was selected as Law Assistant against a reserved post meant to be filled up by a member of a Scheduled Tribe. As he was required to produce a certificate about his caste status, he submitted a certificate issued by the District Collector, Hyderabad which disclosed that he is a member of Kondakapu tribe. He did not produce the SSLC certificate. From Tahsildar, Pathepadu, East Godavari District, he obtained a certificate on 14-3-1979 to the effect that he is a Kondakapu by caste. This certificate was issued by the Tahsildar based upon the earlier certificates obtained by the respondent during 1954-55 from the revenue authorities of Peddapuram.