BANIBRATA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appellant, Banibrata Das in both the appeals is an employee of Indian Oil Corporation (hereinafter referred to as "ioc" ). He is the son of one Late Gobinda Das, son of Late kangali Das, who was a driver working in the Calcutta State Transport corporation (hereinafter referred to as "cstc" ). When Gobinda Das entered in service in CSTC he declared himself belonging to "kayastha" caste. Accordingly his service book was recorded as such. He was all through out treated by the CSTC as a general category employee. He never obtained any benefit claiming to be schedule caste until the time hereinafter discussed. He retired from service on June 30, 1985. He died in 2000.

(2.) GOBINDA had three sons and one daughter. Appellant Banibrata was one of the sons. It is an admitted fact that they pursued their studies in accordance to their status as general candidate and did not avail any benefit claiming to be schedule caste at any point of time. He joined ioc on 21st August, 1989 as a schedule caste candidate on the basis of a certificate obtained by him on October 29, 1979. Pertinent to note, when he obtained his caste certificate on October 29, 1979 Gobinda was still considered as belonged to general category. After about 6 years in 1985 Gobinda obtained schedule caste certificate on August 31. 1985 much after his retirement. His claim was based upon the certificate of his son, Banibrata which should have been other way round.

(3.) A complaint was lodged to the effect that Banibrata obtained employment and was still enjoying benefit as a schedule caste candidate in IOC on the basis of a certificate obtained by fraud as he, in fact, did not belong to schedule caste category. Banibrata, however, contends that such complaint was made at the instance of his brother-in-law who became hostile due to family dispute.