ORDER :

1. By this petition, the petitioner has challenged the order dated 04.06.2016 by which the respondents have terminated the service of the petitioner on the count that the caste certificate of the petitioner has been cancelled by the High Power Caste Scrutiny Committee Raipur on 26.11.2007.

2. Brief facts reflected from the record are that, the petitioner was initially appointed on the post of Lecturer (Electronics) in the Higher Education Department on 08.04.1996 thereafter he was posted in the Govt. Engineering College, Raipur. The petitioner was appointed on the said post which was reserved for Scheduled TrCandidate claiming himself to be Halba caste. The petitioner was granted senior pay scale of Rs. 10,000-325-15200 vide order dated 22.01.2004 issued by respondent No.1.

3. The Assistant Commissioner (Tribal Welfare) Balaghat had issued notice on 02.04.2002 directing him to appear before the Caste Scrutiny Committee on 16.04.2002. Since the petitioner was allocated to the State of Chhattisgarh therefore, the High Power Caste Scrutiny Committee, Raipur has conducted the enquiry and vide its order dated 26.11.2007 has cancelled the caste certificate issued in favour of the petitioner. The Committee while cancelling the caste certificate has recorded its finding that the petitioner has not submitted any document to demonstrate that petitioner’s father/forefather belongs to Halba caste. The committee has also recorded its finding that in the Dakhilkharig register petitioner’s father and mother, the date of birth petitioner’s mother have been recorded 01.05.1958 and caste has been recorded as “Kosti” which is OBC.

4. In pursuance of the cancellation of caste certificate by the High Power Caste Scrutiny Committee, the petitioner service was terminated on 04.10.2008 by the respondent No.1. The petitioner has never challenged his cancellation of caste certificate and moved a representation before the respondent No.1 who has considered the case of the petitioner and in the light of circular dated 01.10.0211 issued by the State of Chhattisgarh which provides that candidates who have been appointed prior to 28.11.2000 and they have been appointed against the post which are reserved for Scheduled Caste their services will not be terminated but in future they will not be granted the benefits of reservation. Accordingly, the petitioner was reinstated in service without any monetary benefits.

5. Thereafter respondent No.1 again examined the case of the petitioner and also considering the law laid down by the Hon’ble Supreme Court in the case of Union of India vs. Dattatray S/o. Namdeo Mendhekar and Others, AIR 2008 SC 1678 wherein the Hon’ble Supreme Court has considered the law and in view of law laid down by the Hon’ble Supreme Court earlier circular issued by the State Government on 01.10.2011 was cancelled on 11.01.2016. In the subsequent circular dated 11.01.2016 it has also been directed that the government servants who are protected in view of the circular dated 01.10.2011 their protection will be withdrawn and accordingly the services of the petitioner were again terminated on 04.06.2016 when the petitioner was posted at Jagdalpur Engineering College, this order is being assailed in this writ petition.

6. Learned counsel for the petitioner in view of above factual matrix would submit that judgment passed by the Hon’ble Supreme Court in the case of the Chief Executive Officer, Bhilai Steel Plant, Bhilai vs. Mahesh Kumar Gonnade and others reported decided in Civil Appeal No. 4990 of 2021 on 11 July, 2022 will not be applicable to the present facts of the case because the petitioner’s case has already been decided in the year 2005 and in the present case, judicial order was passed on 08.05.2005 and the same order was not challenged before the higher forum, therefore, the judgment in case of Bhilai Steel Plant (supra) will not be applicable to the facts of the case. He would further submit that this Court in WP No. 2415 of 2002 has