V.M.SAHAI, SABHAJEET YADAV
Shiv Pujan Prasad son of Late Kalp Nath – Appellant
Versus
State of U. P. through Principal Secretary and Engineer-in-Chief, Public Works – Respondent
( 1 ) BY this petition, the petitioner has challenged the order dated 29. 7. 2005 (Annexure-17 to the writ petition) passed by the State Government whereby while working on the post of Executive engineer in P. W. D. of the Government of U. P he has been dismissed from service. A further relief in the nature of Mandamus commanding the respondents to forthwith release the entire post retiral benefits of the petitioner including provident fund, gratuity, leave encashment, Group insurance etc. and also to pay the pension to the petitioner permissible under law is also sought for.
( 2 ) THE relief sought in the writ petition rests on allegation that the petitioner was appointed as overseer in Public Works Department of Government of U. P. in the year 1971. At the time of submitting his application form he has mentioned his caste as "mallah" under the impression that "mallalh" and "manjhi" communities arc the same However subsequently on the detection of the aforesaid mistake the petitioner obtained a fresh caste certificate from the Sub-Divisional magistrate, Chakiya on 22. 2. 1971 in which his caste was denoted as "manjhi". which is scheduled caste a
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