Nitish Ranjan Das vs State of Tripura

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Tri) 83

S.C.DAS
Nitish Ranjan Das – Appellant
Versus
State of Tripura – Respondent

Advocates Appeared:
For the Appellant :Mr. S. Seb, Sr. Advocate, Mr. S.C. Das and Mr. S. Datta, Advocates
For the Respondents:Mr. S. Chakraborty, Addl. G.A., Ms. J. Bhusan and Mr. D.C. Nath, Advocates

JUDGMENT

S.C. Das, J.:-

Bereft of unnecessary details, the case of the petitioner, in short, is that he got offer of appointment as a Graduate Assistant Teacher on 26.08.1987. On 15.10.1987 order of his posting was issued and he finally joined service on 30.10.1987. He belonged to Mahishya Das community, a community considered as Scheduled Caste in the State of Tripura and at the time of joining the service, he submitted a Certificate dated 29.02.1986 (Annexure A/1 to the writ petition) issued by his local MLA that he belonged to Scheduled Caste community being a member of 'Mahisya Das' community but that Certificate was not accepted by the respondent No. 3 and therefore, his caste status was not recorded as a Scheduled Caste at the time of entering into service. Since he belonged to very poor family, having no other members in the Govt. service, immediately joined the service and since his Caste status Certificate issued by the MLA was not accepted, he was compelled to write caste status as 'others' at the time of entering in the service. On 26.11.1997 Sub Divisional Officer (for short, SDO), Dharmanagar issued a caste status Certificate (Annexure A/5 to the writ petition) in the na