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CENTRAL ADMINISTRATIVE TRIBUNAL
Harvinder Kaur Oberoi, J, B. Anand, A
ANUSTHA PRAKASH – Appellant
Versus
Union of India Principal Director of Audit – Respondent
| Table of Content |
|---|
| 1. applicant appointment based on caste certificate. (Para 1 , 2) |
| 2. court ruling quashed prior caste notification. (Para 3 , 4 , 5) |
| 3. termination based on state error and change in status. (Para 6 , 7 , 8) |
| 4. judicial precedence protects employment in similar cases. (Para 9 , 10 , 11) |
| 5. court orders reinstatement and recognizes past service. (Para 12 , 13 , 14) |
ORDER
Hon’ble Mr. B. Anand, Member (A):
The applicant, a resident of District Samastipur, Bihar, belonging to the ‘Lohar’ community, appeared in the Staff Selection Commission – Combined Graduate Level Examination, 2015, and was selected for appointment to the post of Auditor under the Other Backward Class (OBC) category. A caste certificate dated 19.09.2015 was issued by the District Collector, Samastipur, Bihar, certifying that the applicant belongs to the ‘Lohar’ community, which, at the relevant point of time, was recognised as an OBC in the State of Bihar.
2. Subsequently, the Government of Bihar issued Notification No. 10818 dated 23.08.2016, whereby the ‘Lohar (Lohara)’ community was treated as a Scheduled Tribe (ST). Pursuant thereto, the applicant, armed with a Scheduled Tribe certificate, appeared in the
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