V.N. KOTIYA Vs. THE ADMINISTRATOR

JUDGEMENT

(1.) In these two petitions, identical question is involved as to whether a migrant from the State of Maharashtra to Union Territory of Daman and Diu would be entitled to claim the same caste status as was available to him in the State of Maharashtra. The question raised being identical in both petitions, we are disposing of these petitions finally by this common judgment and order.

(2.) W.P.No.502/2002 has been filed by one Mr.V.N.Kotiya who was employed as Junior Engineer in the Electricity Department in the administration of Daman and Diu. W.P.No.3891/2003 has been filed by the Administrator, Union Territory of Daman and Diu. Briefly stated, the facts are summarized as under:

(3.) The petitioner Kotiya contends that he was appointed as a Junior Engineer in the Electricity Department of the administration of Daman and Diu. Prior thereto, he was working as Incharge Assistant Engineer under the order passed on 1st October 1997. The respondent No.4 Milind R. Ingle was also working as Junior Engineer in the same department of the administration of Daman and Diu. A final seniority list of Junior Engineers (Elect.) was issued under the circular dated 25th July 1992 by the office of the Collector, Moti Daman. It is contended that respondent No.4 belongs to the Scheduled Caste (Mahar) from the State of Maharashtra. The said caste is mentioned at serial No.37 in the list of scheduled castes in the State of Maharashtra. Respondent No.4 was issued caste certificate on 7th February 1989 by the Executive Magistrate, Yawatmal. According to the petitioner, Respondent No.4 is native of Yawatmal district of the State of Maharashtra.