- (1.) Both the special appeals arise out of a common judgment and order of a learned Single Judge of this Court dated 25 August 2015 setting aside an order passed by the Principal Secretary (Labour) on 11 September 2013. The Principal Secretary (Labour) held that the three respondents (Vidya Narayan, Satya Narayan and Girja Sharan, who are brothers) obtained employment in the State Government on the basis that they belong to the Majhwar Scheduled Caste though they do not belong to that Scheduled Caste. The learned Single Judge has ordered reinstatement in service together with back wages. Since one of the respondents (Vidya Narayan) has retired from service, a direction has been issued that he would be entitled to all his retiral benefits.
(2.) For convenience of reference, parties are referred to by their description in the writ proceedings before the learned Single Judge. All the original petitioners who are brothers were employed by the State: "(i) Vidya Narayan was appointed as a Junior Clerk in 1974 and retired as an Administrative Officer on 31 July 2012 on superannuation; (ii) Satya Narayan was appointed as a Stenographer on 18 August 1989 in the office of the Labour Commissioner and was promoted as Labour Enforcement Officer; and (iii) Girja Sharan was appointed as a Peon -cum -Chowkidar on 26 March 1981 in the office of the Home Inspector in the Industrial Labour Colony at Kanpur and was working in the Labour Head Office at Kanpur."
(3.) A complaint was made to the State Government to the effect that the petitioners belong to the Mallah community (an OBC in the State of U.P.) and had obtained employment on the basis of false caste certificates declaring them to belong to the Scheduled Castes of Majhwar community. A report was submitted to the State Government. On 21 April 2006, the Department of Labour called upon the Commissioner of Labour to make an inquiry. On 23 May 2007, certain specific issues were required to be determined by the Labour Commissioner including, more particularly, how the petitioners had obtained caste certificates as Majhwar when their father (who it is admitted, was a State employee) had been certified by the Collector to be of the Mallah community. A report was submitted by the Tehsildar to the Sub Divisional Magistrate, inter alia, recording that his office did not have any record of the issuance of the caste certificates to the petitioners. Moreover, it was stated, that upon inquiry at the place of residence of the father of the petitioners, it was found that he belonged to the OBC category, being a Mallah. The State Government by an order dated 9 April 2009 called upon the Labour Commissioner to take appropriate action. A writ petition was filed before the Lucknow Bench by one Bashir Khan raising a grievance that the three brothers were appointed under the Scheduled Castes category though they belong to the OBC category. A Division Bench of this Court at Lucknow, while entertaining the writ petition Service Bench No. 877 of 2012 (Bashir Khan v/s. Shailesh Krishna IAS) directed the Principal Secretary (Labour) to enquire into the matter and take an expeditious decision. In pursuance thereof, a notice to show cause was issued by the Principal Secretary (Labour) to the original petitioners on 23 August 2013 calling upon them to appear on 5 September 2013. All the petitioners appeared before the Principal Secretary (Labour) and submitted their defence. By an order dated 11 September 2013, the Principal Secretary came to the conclusion that the petitioners do not belong to a Scheduled Caste and do not belong to the Majhwar category which is designated as such. The Principal Secretary (Labour) relied upon a report of the Collector dated 12 November 2008 in coming to that conclusion. This led to the filing of a writ petition challenging the decision of the Principal Secretary (Labour). In the meantime, the petitioners were terminated from service, save and except for one of them who had attained the age of superannuation. The learned Single Judge allowed the writ petition by the impugned order dated 25 August 2013.;