CHANDIGARH ADMINISTRATION Vs. SUNIL KUMAR

JUDGEMENT

(1.) The Chandigarh Administration is aggrieved by the order dated 17.8.2012 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, in OA No.380/PB/2012 dated 7.8.2012, whereby the petitioner-Administration has been directed to offer appointment to the first respondent as 'Cook' under the Indian Reserve Battalion, Class-IV post in Police Department, Union Territory, Chandigarh.

(2.) The short question that arises for consideration is whether or not the first respondent belongs to reserved category of 'Other Backward Classes' (OBC)?

(3.) The petitioner-Administration advertised some Class-IV posts including that of Cook against which respondent No.1 also applied in the reserved category of 'Other Backward Classes' (OBCs) and he produced the certificate dated 29.5.2006 issued in his favour by the Competent Authority of District Sangrur certifying that he belongs to 'Lohar' caste which is recorded as backward class under the Punjab Government Notification dated 2.2.1994. The first respondent was selected on merits but the petitioner-Administration refused to appoint him on the ground that 'Lohar' caste is not included amongst OBCs in the Central List, instead, it is 'Bhuhalia-Lohar' and 'Bhubalia-Lohar' which are notified as 'Other Backward Classes' and since respondent No.1 does not belong to the above-stated castes, he is not entitled to the benefit meant for OBCs.