K KRISHNAMURTHY Vs. SECRETARY

JUDGEMENT

(1.) WRIT petition by a person who had obtained employment meant for persons belonging to scheduled caste community by joining in the services of the Indian Telephone industries Ltd. , Dooravaninagar, Bangalore, way back in the year 1976. It appears, the petitioner also moved up in his career with the employer, but found some obstacles in the year 1990 when, at the instance of some persons, who, according to the petitioner, were inimical towards the petitioner, had addressed an anonymous petition to the civil rights enforcement cell complaining that the petitioner docs not belong to scheduled caste community but belongs to Ediga caste, which is not a caste notified as scheduled caste community. It appears that the investigation resulted in the certificate issued in favour of the petitioner as a person belonging to scheduled caste community being withdrawn.

(2.) PETITIONER is basicaly aggrieved that the variation to his status as a person belonging to scheduled caste community has resulted in his employer though allowed to continue the petitioner till superannuation, has nevertheless withdrawn some retiral benefits and in that context has approached this Court for relief. The petitioner has sought for quashing of the orders passed by the caste verification committee functioning under the provisions of the Karnataka Scheduled Caste/scheduled tribe and Other Backward Classes (Reservation in Appointment etc.) Act, 1990 (for short, the State Act) and the further order passed by the caste verification appellate authority, both of them held that the petitioner does not belong scheduled caste community.

(3.) IF this status is confirmed, the retiral benefits which the employer of the petitioner has withheld, definitely will not reach the petitioner. As it appears the employer was awaiting outcomes of such proceedings, the petitioner has approached this Court seeking for quashing of the order passed by the eighth respondent Deputy Commissioner, Bangalore urban district, cancelling the caste certificate which had been issued on 5-8-1974, in terms of the order dated 5-8-1974 and also the further affirming order issued by the 12th respondent -Commissioner for Scheduled Castes dated 21-11-2006 (Annexures-A5 and A-6 respectively ). It is in this context, the petitioner has also incidentally sought for the following prayers :