Sri S Surendranath vs Union Of India
2021 Latest Caselaw 6100 Kant

                                       W.P No.13007/2017

                               1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 14TH DAY OF DECEMBER, 2021

                          PRESENT

      THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                              AND
        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

        WRIT PETITION No.13007 OF 2017 (S-CAT)

BETWEEN :

SRI. S. SURENDRANATH
S/O LATE SRINIVASALU NAIDU
AGED ABOUT 56 YEARS
WORKING AS ASSISTANT DIRECTOR
(ADMIN AND ACCOUNTS)
CENTRAL SILK BOARD, BTM LAYOUT
MADIVALA, BANGALORE-560 068
R/A NO.12, 9TH CROSS
BENDRE NAGAR, BSK II STAGE
BANGALORE-560 077                        ... PETITIONER

(BY SHRI. R. PRABHUKUMAR FOR
    SMT. YASHODA RAO, ADVOCATES)

AND :

1.    UNION OF INDIA
      REP. BY ITS SECRETARY
      MINISTRY OF TEXTILES
      HAVING ITS OFFICE AT
      UDYOG BHAWAN
      NEW DELHI-110 016

2.    MEMBER SECRETARY
      CENTRAL SILK BOARD
      UNDER THE MINISTRY OF TEXTILES
      HAVING OFFICE AT BTM LAYOUT
                                             W.P No.13007/2017

                               2

     MADIVALA
     BANGALORE-560 068

3.   DIRECTOR AND DISCIPLINARY
     AUTHORITY, CENTRAL SILK BOARD
     UNDER THE MINISTRY OF TEXTILES
     GOVERNMENT OF INDIA
     HAVING OFFICE AT BTM LAYOUT
     MADIVALA
     BANGALORE-560 068

4.   B. MARIYAPPA
     S/O LATE BASAVEGOWDA
     AGED ABOUT 55 YEARS
     WORKING AS ASSISTANT DIRECTOR
     (ADMIN AND ACCOUNTS)
     CENTRAL SILK BOARD
     BTM LAYOUT, MADIVALA
     BANGALORE-560 068                     ... RESPONDENTS

(BY SHRI. CHANDAN, CGC FOR R1;
    SHRI. N.S. PRASAD, ADVOCATE FOR R2 & R3;
    SHRI. D.S. RAMACHANDRA REDDY, ADVOCATE FOR R4)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD29.11.2016 IN O.S.NO.1620/2014 PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE VIDE ANNEXURE-A AND
QUASH   THE   ORDER   DTD.01.08.2013   ISSUED   BY   THE   R-3   AT
ANNEXURE-A8 IN ANNEXURE-B.


     THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 09.11.2021, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, P.S.DINESH KUMAR          J, PRONOUNCED THE
FOLLOWING:-
                                               W.P No.13007/2017

                                   3

                                ORDER

Heard Shri.R. Prabhukumar learned Advocate for

petitioner, Shri. Chandan, CGC for first respondent,

Shri. N.S. Prasad, learned Advocate for second and third

respondents and Shri. D.S. Ramachandra Reddy learned

Advocate for fourth respondent.

2. Petitioner joined the Central Silk Board as a

Lower Division Clerk1 in October 1982 and promoted as

Upper Division Clerk2 in February 1983. According to the

petitioner, fourth respondent joined as LDC in November

1982 and he is junior to him; that he secured his

appointment by producing a false Caste Certificate as

belonging to the Schedule Tribe; and that he has also

obtained accelerated promotions and working as Assistant

Director with effect from May 5, 2009.

For short 'LDC

For short 'UDC' W.P No.13007/2017

3. Fourth respondent had claimed that he belonged

to Jenu Kuruba, a Scheduled Tribe3 community. His Caste

Certificate was found to be false and an enquiry was

instituted against him. The Director and the Disciplinary

Authority exonerated him vide order dated August 1, 2013

and held that he shall cease to avail any concessions

applicable to ST candidates and would be treated as

General Merit candidate for the purpose of service benefits.

4. Petitioner submitted a representation to place

him above fourth respondent in the seniority list and the

same was rejected for the reasons stated in the Official

Memorandum dated August 19, 2014. Petitioner approached

the CAT4 with a prayer inter alia to quash the orders dated

August 1, 2013 and August 19, 2014; and for a further

direction against the Central Silk Board to terminate the

services of fourth respondent. The CAT, by the impugned

For short 'ST'

Central Administrative Tribunal W.P No.13007/2017

order has dismissed the O.A5 filed by the petitioner. Hence,

this writ petition.

5. Shri. Prabhu Kumar for the petitioner submitted

that based on the fake Certificate, fourth respondent, who

is junior to the petitioner has obtained accelerated

promotions. Therefore, petitioner is entitled for promotion

as Assistant Director with effect from May 5, 2009.

Accordingly, he prayed for allowing this writ petition.

6. Shri. N.S.Prasad, for the Central Silk Board

submitted that in the seniority list prepared at the entry

level, fourth respondent's name is found at serial No.800

and petitioner's name at 802. Therefore, at the entry level

petitioner was junior to the fourth respondent.

7. As per the Government Order dated March 11,

2002, persons who surrender the false Certificate

immediately to the issuing authority, they shall not be liable

for penal action. Fourth respondent's Certificate has been

Original Application W.P No.13007/2017

cancelled by the District Level Caste Verification Committee

on March 29, 2007. He has immediately surrendered his

Certificate. Following the judgment of the Apex Court, in the

case of Kavitha Solunke Vs. State of Maharashtra6 fourth

respondent was exonerated of the charge and he has been

treated as General Merit candidate. Therefore, the

accelerated promotions given to fourth respondent till the

date of surrender of Certificate, remain unaffected.

Petitioner belongs to the General merit category and hence

cannot be given retrospective promotion in par with fourth

respondent.

8. Shri. Prasad further submitted that both

petitioner and fourth respondent have retired from service.

Therefore, nothing further survives in this writ petition.

9. We have carefully considered rival contentions

and perused the records.

10. Respondents No. 2 and 3 have filed their

Statement of objections. Annexure-R5 is the inter se

2012 (8) SCC 430 W.P No.13007/2017

seniority list prepared at the time when both petitioner and

fourth respondent were working as LDCs. In the said list,

employee number of fourth respondent is 800 where as that

of petitioner is 802. Fourth respondent has been given

accelerated promotions based on the Caste Certificate.

11. The Director of Central Silk Board and the

Disciplinary Authority in his order dated August 1, 2013

(Annexure-A8 to the O.A.) has recorded in para 5(ii) of the

order that fourth respondent had surrendered his Caste

Certificate to the Tahasildar, Bengaluru as he had failed to

prove that he belonged to 'Jenu Kuruba' community.

Therefore, following the Government Order dated March 11,

2002, the Disciplinary Authority has held that fourth

respondent shall not be entitled to avail any concession

available to the ST candidates prospectively and he would

be treated as a candidate belonging to General category.

Since the order passed by the Disciplinary Authority is in

consonance with the Government order, no exception can

be taken to the said order.

W.P No.13007/2017

12. It is not in dispute that the petitioner has got the

promotions in his turn. It is also true that fourth respondent

has marched over him in getting accelerated promotions

based on the Caste Certificate. But in view of the

Government Order dated March 11, 2002, the same have

been saved and he has been treated as General Merit

Candidate. In view of the admitted facts, and the law on

the point, no exception can be taken to the impugned order

passed by the CAT dismissing the O.A. filed by the

petitioner.

13. Resultantly, this petition must fail and it is

accordingly dismissed.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

SPS