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2017 Supreme(Mad) 762

K.K.SASIDHARAN, V.PARTHIBAN
Union of India owning Southern, Railway Rep. by the Deputy Chief Personnel Officer – Appellant
Versus
Tamil Nadu State Level, Scrutiny Committee Rep. by Chairman Adi Dravidar and Tribal Welfare Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Thyagarajan for Mr. V.G. Suresh Kumar.
For the Respondents: Mr. A.N. Thambidurai and Mr. V. Vijay Shankar.

ORDER :

1. The Union of India owning Southern Railway has come up with this Writ Petition challenging the order passed by the Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Development Welfare Department, Chennai, on the ground that string of documents produced to demonstrate that the second respondent is not a member of Schedule Tribe Community and that he is a member of backward community, as per the service records of his father and school records of his children, the Committee placing reliance on the certificate of a relative of the second respondent, declared his Schedule Tribe community status. In short, failure to consider the voluminous documents produced by the Railways, before the statutory Committee for deciding the community status of the second respondent made the employer to challenge the order declaring his status as a schedule tribe.

The facts:-

2. The second respondent while joining the service of Railways, produced a Schedule Tribe community certificate dated 7 April 1979 issued by the Tahsildar, Sri. Kalahasthi, Andhra Pradesh. The second respondent produced another community certificate dated 14 December 1982 issued by the Tahsildar, Arakkonam, indicat
































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