K RAJAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is directed against the order of the 2nd respondent-Appellant Authority dated 10-10-1997 rejecting the appeal preferred by the petitioner, working as Technician Grade-I (Elect) in the Fertilizer Corporation of India Ltd., Ramagundam Unit, against the order dated 2-7-1997 passed the 4th respondent-Disciplinary Authority, removing him from service.

(2.) The factual matrix of the case is that the petitioner was initially appointed as a casual mazdoor on daily wages with effect from 17-2-1973 in the Fertilizer Corporation of India Ltd. (for short "the FCI") and subsequently he was appointed as mazdoor with effect from 15-12-1973 in the Electrical Department as a general category candidate. He was promoted as Helper Grade II with effect from 1-10-1975 and as helper Grade-I with effect from 1-10-1978. He belongs to "Vanjara" (Vanjari) caste which is Backward Class Community at S.No.32 of Group 'D' category as per G.O.Ms.No.1793, Edn. dated 23-9-1970. In the attestation form submitted by him on 11-9-1973, his caste is indicated as 'vanjara' which comes under BC 'D' category.

(3.) While things stood thus, it appears that the Government of Andhra Pradesh in G.O.Ms.No.245 Social Welfare (E) Department dated 30-6-1977 issued certain guidelines in the matter of issue of Caste Certificates and Community certificates with respect to persons belonging to Scheduled Tribes, to be strictly followed by the certifying authorities in the State. Annexure-II appended to the said G.O. mentions various particulars relating to the Scheduled Tribes residing in the State of Andhra Pradesh. For the purpose of this case, Columns 2 and 5 of Annexure-II are only relevant. Column 2 of the annexure mentions the name of the Tribe, while column 5 relates to synonyms of the Tribe. Before adverting to the details of these two columns of the Annexure, it may be noted that the Presidential Order, 1976 viz., the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Act No. 108 of 1976), as required under Article 342 of the Constitution of India, notified 33 categories of tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of the Constitution be deemed to be Scheduled Tribes in relation to the State of Andhra Pradesh. At Serial No.29 of the said notification, the tribes-"Sugalis, Lambadis" are notified as Scheduled Tribes. Now, we may refer back to Annexure-II of G.O.Ms.No.245 referred to above. At S.No.21 of the said Annexure, in Col.2, the Tribe 'Sugali' is referred to. The Col.5 the synonyms "Banjara, Lambadi, Lambari, Brinjara, Banjari, Wanjari, Boipari and Sukari" are mentioned. It may be noted here that the caste Vanjara (Vanjari) as mentioned at S.No.32 of BC 'D' category has not been deleted.