J.N. DUBEY, J.

1. This writ petition is directed against the order dated 9.4.1997 of the respondent no. 4, the Personnel and Administrative Officer, Barauni Refinery, Indian Oil Corporation Ltd., terminating the services of the petitioner from the post of Operator 'D' (Production) Grade IV.

2. It appears that the petitioner was appointed as Operator 'D' (Production) Grade IV in Barauni Refinery of the Indian Oil Corporation Ltd. on 28.6.1996 against the vacancy reserved for scheduled caste candidates. On 9.4.1997 respondent no. 4 terminated the services of the petitioner on the ground that he did not belong to scheduled caste category. Feeling aggrieved he has filed this writ petition.

3. Heard the learned counsel for the parties and perused the record.

4. Learned counsel for the petitioner contended that the respondent no. 4 was not legally justified in terminating the services of the petitioner on the ground that he did not belong to Scheduled Caste. According to him, petitioner belonged to 'Pan' caste which was included in the Constitution (Scheduled Caste) Order, 1950 and the Scheduled Caste & Scheduled Tribes List (Modification) Order, 1956.

5. I find substance in the argum