RUMAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Shri Rumal Singh, applicant was appointed as a Clerk on February 28, 1981. He belongs to a category of schedule tribe. The respondents had circulated seniority list Annexure A -2 as it stood on December 31, 1983. Though the applicant was assigned appropriate place in the seniority list yet in the remarks column his status of tribe category was not shown. He represented to the competent authority against such omission.

(2.) Again seniority list of Clerks in the office of Deputy Commissioner, Chamba as it stood on December 31, 1987 was circulated which is Annexure A -3. However, in the remarks column, it was not reflected that he belongs to scheduled tribe. The applicant is mainly aggrieved by the impugned orders Annexure A -10 and A -12, therefore, he has filed this original application seeking following reliefs: - "a. That the impugned orders Annexure A -10 and A -12 may be quashed and set -aside. b. That the applicant may be declared to belong to the category of Scheduled Tribe as per certificate issued by the competent authority. c. That the record of the case may kindly be summoned for the perusal of this Honble Court. d. That the cost of the application may awarded to the applicant. e. Any other order deemed just and proper may kindly be passed in favour of the applicant and against respondents, keeping in view the facts and circumstances of the case."

(3.) The respondents No.1 to 3 in their joint reply have not admitted that the applicant belongs to category of scheduled tribe. In fact only those categories of residents of tribal area of Bharmour are treated as scheduled tribe who have been recorded in the revenue records. It is, however, admitted that the applicant belongs to Gaddi Sippi category. The impugned orders, according to the respondents, are legal and therefore, original application is liable to be dismissed.