C.W.J.C. No. 12153 was directed to be listed today along with other similar matters referred to above. By mistake it has not been listed. Let it be treated as on day's list along with other similar matters. All these matters are being disposed of by this common judgment and order.

It is unfortunate that a controversy has been allowed to be raised on a point by a division Bench of this Court by way of differing from another earlier division Bench of this Court and that again after the earlier division Bench has been affirmed by the supreme court in an appeal arising out of the same.

The question involved in all these matters before us and in earlier Division Bench an supreme court judgments is whether a person who is "Lohar" by caste is a member of "Scheduled Tribe" in view of notification issued by the President of India in the Year 1976. The first judgment to be noticed in this context is a judgement of the Supreme Court dated 12th September 1990 passed in civil Appeal no. 4631/90. We quote herein below the said judgment of the Supreme Court.

"Order"

Special leave granted.

The short point raised in this appeal is as to whether the Central Administrative Tribunal was right in holding that the appellant did not belong to the Lohar community which has now been declared as a Scheduled Tribe in Chapra district of Bihar It is not in dispute that from 1976 onwards the community has been so included but according to the Postal department of Union of India, at the time when the appellant entered service, the community had not been so included and, therefore, the recruitment on the footing that he was a member of a scheduled Tribe entitled to reservation was bad.

We have looked into the records and have heard counsel for the parties. In view of the accepted position that Lohar Community is included in the scheduled Tribe from the date of amendment of the list in 1976 and the dispute as to whether the community was known as "Lohar" or if sit was the latter, it has been so included before, we do not think the Tribunal was justified in holding the view it has taken.

The appeal is allowed and the order of the tribunal is vacated. The appellant shall now return to duty. The period between 16.12.1986 when the order removing him was made and the date when he would join in terms of our decision now he shall be entitled to 50% of his salary. In regard to all other service benefits, his service shall be treated to be continuous. This decision may not be taken as a precedent. No costs.

Sd/-Ranganath Misra

New Delhi Sd/-M.M. Punchhi

September 12, 1990. Sd/-K. Ramaswamy"

This question again came up before a Division Bench of this Court in CWJC No.1034/91 which is reported in 1992(2) PLJR 594, Wherein by a judgment and order dated 28.2.92 the Division Bench decided that the caste "Lohar" has been include in such Presidential notification in the category of Scheduled Tribe. The relevant portion of the said judgment and order is as follows:-

‘From a bare reference to the facts mentioned above, it- appears caste Lohar has been included in the residential notification in the category of Scheduled Tribe Whether such benefits extended to the persons belonging to Lohar caste can be taken away by a notification issued by the Department of Personnel & Administrative Reforms, placing Lohar in a category of other backward classes and not in the category of Scheduled Tribe? To solve this problem it may be noticed that similar controversy had arisen it a case of Shambhu Nath an employee ck Post & Telegraph department, who belonged to Lohar caste and was a resident of Bihar. He had claimed all the benefits of Scheduled Tribe after inclusion of the caste Lohar in the category of Scheduled Tribe by the presidential notification after 1976. Initially- his application for giving the said benefit was rejected by the Central Administrative Tribunal. There after, He filed Civil Appeal No 4631 of 1990 arising out of S.L.P. No 5684 of 1990. The Supreme Court by order da