A.P.BHATTACHARYA,J. - (1.) All these five cases, namely, T.A. Nos. 9 of 1987, 10 of 1987, 216 of 1987, 217 of 1987 and 1751 of 1986 are, taken up together as they were heard analogously and ma the matters involved in all the cases, are the same.
(2.) The facts of T.A. Nos. 9 of 1987, 10 of 1987 and 217 of 1987 are almost similar. All the three applicants of these cases claim themselves to be scheduled caste belonging to Sunri Community. It is the case of applicant Shri Mahaprosad Mondal of T.A. No. 9 of 1987 that his fore -fathers hailed from Rajnagar within the district of Birbhum in the State of West Bengal. The case of applicants Shri Kinkar Mondal and Shri Kalachand Mondal of T.A. Dos. 10 of 1987 and 217 of 1987 is that their fore -father hailed from Bankura situated in the State of West Bengal, It ii their case that their grand -father/father had to go Dumka within the State of Bihar in search of livelihood. Applicant Mahaprosad's grand -father built his house at Dumka. But after attaining majority he came to the district of Burdwan within, the State of West Bengal and started living permanently. He married a a girl of Burdwan belonging to Sunri community which was accepted by the relatives of the Sunri Community of that district. Applicant, Kinkar's. father married a girl of Sunri Community of Burdwan and lived there. The applicant came to Burdwan and married a girl of Sunri Community of the district of Burdwan and his marriage was accepted by the Society of Sunri Community. Applicant, Kalachand Mondal came to the district of Burdwan long before and married a girl of Sunri Community of Raniganj within the district of Burdwan. All these three applicants got their Scheduled Caste Certificates as belonging to Sunri Community from the Subdivisional Officer, Asansol in 1965. Thereafter, in 1967 they were appointed as Khalasis in the CLW. Applicants, Mahaprosad and Kinkar were promoted to the posts of Material Clerk on 26.8.72 whereas applicant, Kalachand was promoted to the post of Store Mazdoor in 1972. He became a Material Clerk on 1.1.71. Applicant, Mahaprosad was promoted as a Senior Clerk on 5.8.78 and applicant, Kinkar was promoted to the past of Senior Clerk on 2D.5.78. Their appointments as Senior Clerk were duly regularized. Applicant, Kalachand was given an ad hoc promotion to the post of Material Clerk on 1.1.77. When his service as a Material Clerk was not regularized for a considerable period of time he made a representation on 20.2.81 to that effect. On 16.3.81 it was communicated to him that since he was a member of the Sunri Community of Bihar which was not recognized as a Scheduled Caste Community in that State no 'service benefit would be extended to him as a member of the Scheduled Caste Community in future. With regard to applicants Mahaprosad Mondal and Kinkar Mondal Show Cause Notices were issued to them as to why the benefits extended to them. as reserved candidates would not be withdrawn as Sunri Community of their permanent places of residence within the State of Bihar was not regarded as a. Scheduled Caste. In their applications applicants Mahaprosad Mondal and Kinkar Mondal have stated that they learnt it from reliable sources that although they had explained the matters in details the concerned Authority was going to pass an Order withdrawing the benefits of reserved Community granted to them and reverting them to the posts of Material Clerk. Challenging the aforesaid actions these three applicants had filed writ applications in the Hon'ble High Court at Calcutta which by way of transfer under Sec. 29 of the Administrative Tribunals Act, 1985 had come to this Tribunal for disposal.
(3.) The case of applicant, Atikai Mondal of T.A. No. 216 of 1987 is that his ancestors hailed from the district of Bankura within the State of West Bengal. His, father went to Dumka, in search of livelihood. Afterwards, he came to Burdwan and married a girl of Sunri Community which was accepted by the Society of that Community. The applicant was brought up at his material uncle's house at Burdwan. He took his education at Burdwan. In 1956 he got a Scheduled Caste Certificate from the Sub -divisional Officer, Burdwan. On his application the CLW Authority appointed him as a trade apprentice belonging to Scheduled Caste Community on 11.2.58. On 11.8.61 he was appointed as a skilled fitter. The applicant was promoted as a high -skilled fitter -Gr. II on 9.11.77 and as a high -skied fitter -Gr. I on 1.8.78. By an Order issued on 28.8.79 the applicant's name was deleted from the list of reserved Community. By an Order issued on 19.12.80 he was reverted as a skilled fitter with effect from 18.7.80. Ch~11enpig the said action of the applicant the applicant filed, a writ application in the Hon'ble High Court at Calcutta which came to this Tribunal by way of transfer for disposal.;