Judgment:
(As per Hon'ble Mr. Justice P. Lakshmana Reddy, Vice-Chairman)
1. Heard Mr. P. Ramabrahmam, learned counsel for applicant and Mr.V. Rajeswara Rao, learned Senior Standing Counsel for Railways who took notice on behalf of the respondents.
2. The grievance of the applicant is that he has been unjustly denied promotion on the ground that a final notice has been issued by the District Collector to show cause as to why his caste certificate shall not be cancelled.
3. The applicant submitted that in his father's SSLC certificate issued for the years 1942-1946, his father's caste is shown as “Benithi Oriya” and in the year 1978 Tahsildar also issued a caste certificate in favour of his father. The applicant further contended that he also produced caste certificate at the time of his recruitment and the said certificate has not yet been cancelled and though final notice has been issued by the District Collector, to which he submitted a detailed reply along with documentary proof to show that he belongs to Bentho Oriya caste, no orders have been passed by the District Collector cancelling his certificate and therefore, he cannot be denied his promotion on the ground that enquiry is pending regarding his caste status before the District Collector.
4. On the other hand, learned counsel for the respondents contended that as per his instructions, the caste certificate of the applicant has been duly cancelled by the District Collector and therefore, he has been rightly denied promotion though he is otherwise eligible to be promoted.
5. The point that arise for consideration in this application is whether the respondents are justified in denying promotion to the applicant while promoting another reserved SC candidate against UR candidate who is junior to him?
6. It is not disputed that there are two vacancies and the applicant and another SC candidate were called for interview as they are seniors and that among those two, the applicant is senior than the SC candidate. It is also not disputed that the applicant has been selected, but he has not been given promotion for the reason that the District Collector issued a final notice in connection with his caste. The law is well settled that once an employee entered into government servant on the basis of a caste certificate issued by the competent authority, he cannot be denied any advantages that are available to him until the caste certificate on the basis of which he entered into service is duly cancelled by the competent authority. Here in the instant case, the applicant asserts that though a show cause notice has been issued by the District Collector, pursuant to which he has submitted documentary proof to show that he belongs to “Bentho Oriya” caste, no orders have been passed against him by the District Collector and therefore, he cannot be denied promotion.
7. Learned counsel for the respondents could not produce any documentary proof to show that the District Collector has passed final orders cancelling the caste certificate issued in favour of the applicant on the basis of which the respondents recruited him against the ST vacancy. In the absence of any proof to the effect that the caste certificate of the applicant has been duly cancelled by the District Collector, we are not able to accept the said contention of the learned counsel for the respondents. If really, the District Collector has cancelled the caste certificate of the applicant, the question of continuing him in service does not arise.
8. Therefore, we are of the considered view that this matter can be disposed of, at the admission stage itself, directing the respondents to promote the applicant, if he is otherwise eligible to be promoted, ignoring the final notice issued by the District Collector but, subject to the result of the inquiry that is pending before the District Collector. In case, the District Collector had already cancelled the caste certificate, the respondents are at liberty to deny him promotion and to take necessary action in accordance with the rules.
9. Accordingly, O.A. is disposed of, at the admission stage itself, giving direction to the respondents to promote the applicant, if he is otherwise eligible, subject to the result of the inquiry said to be pending before the District Collector regarding the caste status of the applicant. The order shall be implemented within a period of two months from the date of receipt of this order. There shall be no order as to costs.