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2009 Supreme(Gau) 150

BIPLAB KUMAR SHARMA
Kunjabati Sinha – Appellant
Versus
Administrator, Jolaibari H. S. (Class-XII) School – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: B. Das and D. Chakraborty, Advs.
For Respondents/Defendant: P. Datta, Adv.

JUDGMENT

B.K. Sharma, J.

1. The Petitioner who was appointed as a Lower Division Clerk (LDC) under the Respondents is aggrieved by termination of her service pursuant to a departmental proceeding.

2. The Petitioner was appointed as LDC by Annexure-A order dated 17.2.1982. The petitions belongs to Manipuri Community and in paragraph 3 of the writ petition she has stated that she was made to understand that the said community belongs to Schedule Tribe and accordingly she made an application to the Sub-divisional Officer, Udaipur, South Tripura to issue an ST certificate. The certificate was issued in 1981. Thereafter, the Petitioner got the appointment as LDC. However, the Petitioner asserts that she was not appointed against any reserved quota.

3. While in service, the Petitioner was once again asked to submit ST certificate and accordingly she made another application to the authority to issue another certificate and the certificate was issued on 5.6.1992. The Petitioner submitted the certificate to the authority. However, the said authority asked the Petitioner as to why she had submitted another ST certificate to which the Petitioner furnished Annexure-B reply stating that she had lo
























































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