UNION OF INDIA Vs. PATEL DHIRUBHAI

JUDGEMENT

(1.) The respondent-employee, namely, Patel Dhirubhai, was appointed on October 12,1990 as a Surveyor in the Andaman Public Works Department as a Scheduled Tribe candidate from the mainland, in the appointment letter it was stated that he would be treated as mainland recruit. THE appointment was made when the Andaman and Nicobar Administration had conducted a special drive for recruitment of Surveyors at all India level due to non-availability of eligible candidates in Andaman and Nicobar Islands.

(2.) The respondent-employee is a member of Dhodia tribe, which is a specified tribe in relation to the State of Gujarat. When the question of his promotion comes, the respondent-employee claimed promotion against reserved quota for the Scheduled Tribe candidates as he was appointed against the quota meant for the Scheduled Tribes.

(3.) However, the Tribunal by the order impugned allowed the application filed by the applicant and directed the Administration to consider the case of the applicant for promotion against Scheduled Tribe quota.