The judgment establishes the principle that SC/ST employees are eligible for benefits under the OM, dated 12.09.1990, allowing them to move to open category, and are entitled to receive consequential monetary and service benefits.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent in his proceedings in P&IR, dated 18.08.2016 and to quash the same and consequently, to direct the respondent to convert the petitioner's community status to open category in service records and to grant him correct fixation of pay and allowance and all incentives from the date of his appointment with all arrears and benefits.)

1. The Writ Petition in filed for issuance of Writ of Certiorarified Mandamus, to quash the proceedings in P&IR, dated 18.08.2016 and consequently, to direct the respondent to convert the petitioner's community status to open category in service records and to grant him correct fixation of pay and allowance and all incentives from the date of his appointment with all arrears and benefits.

2. The petitioner claims that the petitioner belongs to the Konda Reddy Community which is a Schedule Tribe and has produced a community certificate, dated 26.02.1980, issued by the Tahsildar and another certificate by the Revenue Divisional Officer, Mettur Dam on 27.10.1988. Both these certificates were issued after due verification and enquiry and the same has not been cancelled as per law and the same is still valid and the petitioner was selected and appointed by an order, dated 31.01.1997. However, the petitioner's service was not confirmed, because of the issue in his community certificate as Scheduled Tribe. Hence, the petitioner filed W.P.No.1629 of 1999 and the said writ petition was dismissed. Aggrieved over the same, the petitioner preferred W.A.No.513 of 2003 and this Court, vide order, dated 05.06.2007, modified the order and directed the respondent Corporation to take appropriate action to verify the community certificate and the Court has also directed the District Collector to hold a proper enquiry after affording opportunity to the petitioner and this Court has also directed the respondents to pay the salary to which the petitioner is entitled to in accordance with law.

3. The contention of the petitioner is that the time limit of 4 months was fixed for the respondent Corporation to verify his community certificates, no steps whatsoever have been taken for more than 9 years. The petitioner has submitted various representations to the respondent and requested to pay appropriate salary. The petitioner is receiving Rs.9,160/- per month, whereas his colleagues appointed with him were drawing about Rs 45,000/- per month. Therefore, the petitioner approached this Court again by filing W.P.(MD)No.8038 of 2012 and this Court, vide order, dated 15.06.2012, felt that since there was already a direction by this Court in W.A.No.513 of 2003, disposed of the Writ Petition permitting the petitioner to file a contempt application, if necessary.

4. Based on the order, the respondent slightly revised the salary of the petitioner by revising as if for a new appointee on probation and the petitioner's salary was fixed as Rs.31,000/- per month whereas his colleagues and juniors appointed along with him were drawing about Rs.80,000/- per month. The petitioner was not granted any incentives and other monetary benefits when the other employees are receiving. The contention of the petitioner is that the Government of India, Ministry of Business have issued guidelines contained in OM, dated 12.09.1990 permitting SC/ST employees to move to open category (OC) by voluntarily relinquishing their SC/ST status. The petitioner submits that the SC/ST employees who were facing difficulties in having their services confirmed were facing procrastinated verification proceedings had opted to move to OC category. Hence, the petitioner, in order to avail such benefits so as to put an end to the trauma and agony he was undergoing. He submitted a representation to the respondent on 25.07.2016 requesting the respondent to put himself under OC category, so that he could be treat