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1983 Supreme(Ker) 185

T.KOCHU THOMMEN
PONNAMMA – Appellant
Versus
REGIONAL DIRECTOR – Respondent


Judgment :-

1. The petitioner was appointed as a Lower Division Clerk in the first respondent-Corporation with effect from 4-4-1979. She was regularised in that post with effect from 29-10-1979. She was overaged at the time of her appointment, but that disqualification was overlooked on the basis of her statement that she belonged to a Scheduled Caste. Subsequently by Ext. P3 her service was terminated. No reason is stated in Ext. P3 apart from a reference to the temporary nature of her appointment. The petitioner contends that her service was terminated because the respondents wrongly came to the conclusion that she had misled them by stating that she was a member of the. Scheduled Caste. The allegation has not been denied. In fact it has been accepted by the respondents in the counter affidavit. The case of the respondents, as disclosed in the counter affidavit, is that the petitioner could not have been a member of the Scheduled Caste as she was born of non-Hindu parents. This is what the respondents say:

" ...The position that emerges is that, neither common sense nor the laws enacted support a view that a person born of non-Hindu parents by conversion to Hinduism, could become


















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