MOTI VISHWAKARMA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays for quashing of the order dated 09.06.2000 passed by the Deputy Inspector General, C.R.P.F. Patna whereby the services of the petitioner have been terminated. A copy of the order is impugned at Annexure-4. The petitioner is also aggrieved by the order dated 26.03.2001 issued by the office of the Director General, C.R.P.F., C.G.O. Complex, Lodhi Road, New Delhi whereby the appeal filed by the petitioner has been rejected. A consequential relief has been made for reinstatement with consequential benefits.

(2.) Facts as it transpires from the pleadings in the writ petition is that the petitioner is a "Lohar" by caste and applied for the post of A.S.I. (Ministerial) with the Central Reserve Police Force (hereinafter referred to as the "C.R.P.F") as a Scheduled Tribe candidate, on the basis of the caste certificate issued from the office of the Circle Officer dated 24.11.1995, a copy of which is enclosed at Annexure- The petitioner was appointed as ASI (Ministerial) through appointment order dated 23.11996, enclosed at Annexure-1. The stipulation present at paragraph 2(ix) does confirm that the respondents aware of the pending dispute regarding the status of "Lohars" as a Scheduled Tribe community in the Supreme Court, made the appointment conditional, subject to the outcome of the proceedings with specific stipulation that in case the decision goes otherwise, the service would be terminated.

(3.) I am persuaded to reproduce paragraph 2(ix) of the appointment letter for ready reference.