IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19/10/2005
CORAM
THE HON'BLE MR. JUSTICE P.SATHASIVAM
AND
THE HON'BLE MR. JUSTICE S.K.KRISHNAN
W.P.No.20174 OF 2005
AND
W.P.M.P.Nos.21987 & 35991 OF 2005
1. Union of India,
Rep. by Director,
Postal Services,
Thiruchirapalli.
2. The Chief General Manager,
T.N.Circle, Chennai.
3. The Senior Superintendent,
Railway Mail Service,
Tiruchy Division,
Tiruchirapalli - 620 001 ...Petitioners
-Vs-
1. A.Periasamy
2. The Central Administrative Tribunal,
Madras Bench,
Rep. by its Registrar,
City Civil Court Buildings,
Chennai - 600 104.
3. The Revenue Divisional Officer,
Tiruchirapalli.
4. The District Collector,
Tiruchirapalli District,
Tiruchirapalli. ...Respondents
Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Certiorari as stated therein.
For Petitioners : Mr. N.Kiruphakaran, ACGSC.
For Respondents : Mr. R.Malaichamy for R1
Ms. V.Velumani,
Addl. Govt., Pleader for R.3&4
:O R D E R
(ORDER OF THE COURT WAS MADE BY P.SATHASIVAM,J.)
By consent of all the parties, the writ petition itself is taken up
for disposal.
2. Aggrieved by the order of the Central Administrative Tribunal,
dated 17.08.2004 passed in O.A.No.72 of 2004, Postal Services Department, has
filed the above writ petition.
3. Heard the learned Additional Central Government Standing Counsel
and the learned counsel for the first respondent.
4. The matter relates to verification of Community Certificate issued
in favour of the 1st respondent. It is not in dispute that the Honorable
Supreme Court in the case of Kumari Madhuri Patil Vs. Additional
Commissioner, Tribal Development and Others reported in 1994 (6) Supreme Court
Cases 241, directed the State Governments to constitute a Committee to go in
to the verification/genuineness of the Community Certificate/ status, in
respect of persons belonging to Scheduled Castes and Scheduled Tribes. It is
also brought to our notice that the issue relating to verification of the
community certificate/ status was considered by a Division Bench of this Court
in a batch of writ petitions and in some cases, the Division Bench has
permitted the officer/officers concerned to continue in their posts and also
ordered reinstatement. Based on the direction of the Division Bench, the
State Government constituted a Three Member Committee at the District/ State
level.
5. In such circumstances, we are of the view that it is for the
concerned Committee to go into the genuineness of the community
certificate/community status of the 1st respondent herein. On this ground, we
set aside the impugned order of the Tribunal dated 17.08.2004 made in
O.A.No.72 of 2004 and the petitioners/Department are directed to reinstate the
1st respondent herein in the same position. However, the petitioners /
Department are permitted to make a reference to the concerned Committee in
respect of the verification of the community certificate/ status of the 1st
respondent herein (A.Periasamy). On such reference is made, the Committee is
directed to consider and dispose of the same within a period of six months,
thereafter. Depending on the outcome of the proposed enquiry by the
Committee, the petitioners are free to take appropriate action. This Writ
Petition is disposed of accordingly. No costs. Consequently, connected WPMPs
are closed.
Index : Yes
Internet : Yes
srk
To,
1. The Registrar
The Central Administrative Tribunal,
Madras Bench,
City Civil Court Buildings,
Chennai – 600 104.
2. The Revenue Divisional Officer,
Tiruchirapalli.
3. The District Collector,
Tiruchirapalli District,
Tiruchirapalli.