RAMKHILAWAN RAMNIWAZ BAISWAR Vs. NORTHERN COAL FIELD LTD

JUDGEMENT

(1.) THIS order shall dispose of Writ Petition No. 5014/93 (Ramkhilawan Baiswar v. Northern Coal Field Ltd. and Anr.) and Writ Petition No. 5015/93 (Jagdhari Baiswar v. Northern Coal Field Ltd. and Anr. ).

(2.) EACH of the petitioner has filed the petition seeking relief that the respondents be directed to consider the case of each of the petitioner and to provide them the employment to Class-IV posts as per the eligibility and suitability in the light of command of the Hon'ble Supreme Court.

(3.) PLACING absolute reliance on the judgment of the Supreme Court in the matter of Banwasi Seva Ashram v. State of U. P. , AIR 1992 SC 920, learned counsel for the petitioner submits that as the petitioners lands have been acquired for the respondents and as each of the petitioner is a land oustee, he is entitled to employment under the respondents. The facts in nut- shell are that each of the petitioner belongs to Baiswar caste which is a declared and notified Scheduled Caste in State of U. P. ; land of each of the petitioner has been acquired for the respondent No. 1. Each of the petitioner moved application to the respondent-establishment that as they belonged to Baiswar caste, they belonged to Scheduled Caste and as they are land oustees they are entitled to an order of appointment in their favour. Certain enquiries were made by the respondents regarding the fact whether the petitioner do belong to Scheduled Caste or not. The petitioner in support of his contention placed his reliance on Annexure-P/2, a certificate issued by the Tahsildar Sonebhadra U. P. which reads that 'baiswar is recognised Scheduled Caste in U. P. ' Annexure P/2 was further supported by Annexure P/3, which reads that the petitioner of each of the petition was a resident of Sonebhadra District of U. P. In reply to the queries made by the establishment, the petitioner submitted a certificate issued by Naib Tahsildar, Singroli, District Sidhi dated 30-9-1992 showing that the petitioner originally belonged to U. P. He is Baiswar by caste and Baiswar caste is a declared and notified scheduled caste in U. P. The certificate further reads that in some circular of the Government of India dated 18-11-1992 it has been clarified that if a person belonging to scheduled caste or scheduled tribe migrates from his home State to another State his caste would not be changed and he would be entitled to rely upon the certificate issued in his favour. Certain applications were again made by the petitioner to the establishment. The establishment did not accept the submissions and did not issue appointment orders in favour of each of the petitioner.