Madras High Court
All India Scheduled ... vs The Tamil Nadu State Level ... on 24 April, 2023
Rev. Aplw.No.29 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
Rev. Aplw. No.29 of 2023
and
W.M.P.No.7477 of 2023
All India Scheduled Castes/Scheduled Tribes/Buddhists
LIC Employees Welfare Association, South Zone,
LIC India, Reptd. by its General Secretary,
Mr.E.Anbuselvam, having office at No.153 Anna Salai,
LIC of India, Zonal Office, 7th Floor,
LIC Building, Anna Salai,
Chennai – 600 002. ... Applicant
vs.
1.The Tamil Nadu State Level Scrutiny Committee,
Rept. By its Chairman Adi Dravidar & Tribal Welfare Dept.,
Secretariat, Chennai.
2.Life Insurance Corporation of India(LIC),
Reptd. By its Sr.Divisional Manager, Divisional Office -1,
LIC Building, 8th Floor, Anna Salai,
Chennai – 600002.
3.Mrs.K.Lalitha Kumari, Assistant,
LIC of India, Branch Office,
Tambaram. ... Respondents
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Rev. Aplw.No.29 of 2023
PRAYER : Review Application filed under Order 47 Rule 1 r/w
Section 114 of C.P.C, 1908, against the judgment made in
W.P.No.6796 of 2021, dated 02.11.2022.
For Applicant : Mr.J.Srinivasa Mohan
For R-1 : Ms.V.Yamuna Devi,
Special Government Pleader
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
This review application is at the instance of the writ petitioner
whose writ petition challenging the confirmation of the community
certificate issued to the third respondent by the State Level Scrutiny
Committee was dismissed by us on 02.11.2022 on the ground that
the writ petitioner which is the Association of Schedules Castes
/Scheduled Tribes/Buddhists LIC Employees Welfare Association, has
no right to maintain a writ petition challenging the confirmation of
the community certificate.
2. Mr.J.Srinivasa Mohan, learned counsel appearing for the
review applicant, would vehemently contend that in view of the
decision of the Division Bench of this Court in Union of India v.
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Rev. Aplw.No.29 of 2023
Tamil Nadu State Level Scrutiny Committee, Chennai and
another(W.P.No.39053 of 2016, dated 18.04.2017), where the
Division Bench has entertained an appeal by the employer namely
Southern Railway against an order confirming the community
certificate, the dismissal of the writ petition on the ground that the
writ petition at the instance of a third person is not maintainable has
to be reviewed.
3. The other objection of the learned counsel is that in view of
G.O.Ms.No.1139, Social Welfare Department dated 23.03.1982, a
certificate certifying that a person belongs to Kondareddi community
could be issued only by the Revenue Divisional Officer and not by the
Tahsildar.
4. We are unable to accept both the submissions of the learned
counsel as a ground for review. As regards first submission is
concerned, the Division Bench while holding that an appeal at the
instance of Railways would be maintainable, has clearly held that
being an employer, the Railways can question the decision of the
State Level Scrutiny Committee.
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Rev. Aplw.No.29 of 2023
5. But, in the case on hand, the petitioner has neither an
employer nor the certificate holder. It is a third party which wants to
interfere in the relationship between the employer and employee.
Hence, we do not think that the basis on which the Division Bench
held that writ petition by the employer would be maintainable in the
given circumstances cannot be extended to a third party also.
6. On the second contention, we find that
G.O.Ms.No.1139, Social Welfare Department, dated 23.03.1982, was
challenged before this court and a Division Bench of this Court had
while negativing the challenge held as follows:
“42. The effect of this decision, therefore, is (i) that
the circular dated 5th Aug., 1975, is wholly unaffected by
the impugned Government Order, in so far as the
authorities are specified therein for issuing community
certificates to persons belonging to scheduled castes and
scheduled tribes seeking employment to posts/services
under the Central Government – as well as in the services
under the Public Sector undertakings, Statutory and Seri-
Government Bodies under the control of the Central
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Rev. Aplw.No.29 of 2023
government; oo that, so far as employment in the services
under the State Government are concerned. The State
Government has the right to nominate and prescribe the
appropriate authority or Officer for the Konda Reddi
Community, who will issue the community certificate; and
(iii) that a certificate issued by the Tahsildar may not be
accepted by the State Government, but, at the same time,
the State Government cannot decline to authorise the
Tahsildar to issue community certificate as required by the
communication dated 5th Aug., 1975.”
7. In view of the decision of law declared by the Division Bench
of this Court, the second ground urged by the learned counsel could
not be accepted. Hence, the review application fails and it is
accordingly, dismissed. No Costs. Consequently, connected
miscellaneous petition is closed.
NCC : Yes / No [R.S.M.,J.] & [K.B.,J.]
Index : Yes / No 24.04.2023
pm
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Rev. Aplw.No.29 of 2023
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
PM
ORDER MADE IN
Rev. Aplw.No.29 of 2023
DATED :24.04.2023
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