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2023 Supreme(Pat) 18

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. Bajanthri, Arun Kumar Jha, JJ.
Rohit Nandan, S/o Late Rama Nand Prasad – Petitioner
Versus
The Union of India through the Secretary Ministry of Communication Government of India Department of Post Dak Bhawan, New Delhi and ors. – Respondents
Civil Writ Jurisdiction Case No.12096 of 2022
Decided On : 19-01-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr.Ram Shankar Das, Advocate
For the Respondent: Mr. Awadhesh Kumar Pandey, Sr. C.G.C.

Headnote:

Service Law – Promotion – Reservation – Denial of benefits under SC category as a member of Pan Caste – Vide Bihar Gazette Notification dated 02.07.2015, State Government has only directed for removal of Tanti and Tantwa community from list of Most Backward Classes as notified for State of Bihar – It is not a case that State Government has amended Presidential order without any authority of law and has included a particular caste in category of Scheduled Caste or Scheduled Tribe, but State Government has only deleted one of most backward castes from State list on account of fact that it is a Scheduled Caste already notified in Presidential order – Petitioner has been issued a caste certificate of SC category by a competent authority and same has not been challenged or cancelled – For all practical purposes, petitioner is a person belonging to SC category – Respondents directed to consider case of petitioner. (Paras 8 to 12)

JUDGMENT :

ARUN KUMAR JHA, J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed claiming the following reliefs :-

    “(i) To quash the order dated 14.02.2019 issued by the Respondent No.3 which was communicated through the letter dt.12.03.2019 by the Respondent No.8 whereby the name of the petitioner has been deleted from the result published on 16.04.2018 under S.C. category quota for promotion to the cadre of Postal Services year 2014-15 of IP stream held on 18.12.16 solely on the ground that the petitioner is not entitled to get the benefit of schedule caste category as he does not belong to the S.C. category which is contrary to the notification issued by the government, whenever already under S.C category caste Pan existing since 1950, 1956, 1976 onwards.

(ii) To quash the order dated 01.04.2022 passed by the Honorable Central Administrative Tribunal Patna Bench in O.A No. 050/00289/2019 whereby and where under the original application of the petitioner has been dismissed without considering the Honorable division bench judgment of the Patna High Court passed in CWJC. No. 10650 of 2016 as well as without considering the various orders judgment passed, the scope of the court is very wide and can be used or exercised to remedy in justice, whenever it is found. The caste Pan, Swansi is existing since long in the notified presidential order. It is relevant to state here that caste certificate of pan as well as notification of state still in existence, so that the petitioner is entitled for the promotion in the facts & circumstances. (iii). Any other relief or reliefs as your lordship may deem feet proper in the facts and circumstances of the case.

3. The short facts, according to the petitioner, are that the petitioner was appointed as Postal Assistant in the year 1997 under Other Backward Caste (OBC) Category on the basis of his ‘Tanti’ Caste Certificate. Bihar Government vide Gazette Notification dated 2nd July 2015 deleted ‘Tanti’ caste from the list of OBC to enable it to avail the benefits of Scheduled Caste SC) category on its merger with Pan/Swasi caste which figures in the list of Scheduled Caste. The petitioner, following the gazette notification, obtained Scheduled Caste certificate as member of Pan/Swasi caste from the office of District Magistrate, Patna on 29.09.2015 and requested the Chief Post Master General, Patna on 23.06.2016 for change of his category from OBC to Scheduled Caste in his Service Book in terms of the new caste certificate and the aforesaid Gazette notification. The petitioner, who had, by then, been promoted to the cadre of Inspector, applied for promotion to the Postal Service Group ‘B’ through Limited Departmental Competitive Examination (LDCE) as notified on 07.10.2016, as SC candidate and appeared in the examination held on 18.12.2016. He was declared successful in the examination vide communication dated 16.04.2018, however, his name was not approved for promotion and his result was put on hold for further consideration vide notification dated 06.09.2018. Meanwhile, the office of Postmaster General, East Region, Bihar, Patna ordered on 17.08.2018 to change the category of petitioner to SC in his Service Book. The Department of Posts, after consulting the Department of Social Justice and Empowerment, ordered vide communication dated 14.02.2019 that the petitioner was not entitled to the benefit of SC category as he does not belong to SC category and deleted his name from the list of candidates successful in the examination vide its order dated 14th February, 2019. Being aggrieved by the aforesaid order dated 14.02.2019, the petitioner filed OA/050/00289/2019 before the Central Administrative Tribunal, Patna Branch, Patna, which was dismissed. Hence, the present Writ.

4. The learned counsel for the petitioner has submitted that after the resolution of the Bihar Government vide Gazette Notification dated 02.07.201

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