- (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of the order dated 22.02.2011 passed by the Deputy General Manager, (Human Resources) IDBI Bank Ltd., Mumbai pertaining to termination of the services and for direction to the respondent-Bank not to give effect to the impugned order dated 22.02.2011 and also for direction to the National Commission for Backward Classes to include the Roniyar (Baniya) caste in the Central list of OBCs for the State of Jharkhand.
(2.) Sans details, the facts as depicted in the writ application, in short is that the petitioner was appointed on contractual basis on the post of Executive in IDBI Bank Ltd., basing on the caste certificate issued by S.D.O., Sadar Ranchi. She was initially posted at Surat and her contract as Executive was renewed on an annual basis by the Bank. The petitioner served in the Bank as Executive up to November 2010 and was lastly posted at Ranchi on 18.11.2010. The petitioner tendered her resignation in terms of Clause 15 of offer letter dated 01.11.2010 issued by Dy. General Manager (Human Resources), Mumbai for the post of Assistant Manager, Grade A based on internal examination and interview conducted by IDBI Ltd. for executives. The petitioner submitted her caste certificate of OBC category Roniyar (Bania) issued by the S.D.M, Sadar Ranchi dated 18.12.2010 as required by the Bank. The petitioner joined as Assistant Manager, Grade A on 01.12.2010 at Ranchi, Main Branch and after completion of all formalities, she continued to discharge her duties most diligently. But, to utter surprise, the petitioner received a letter on 28.02.2011 issued vide order dated 22.02.2011 by the Dy. General Manager (Human Resources) IDBI Bank Ltd. Mumbai, whereby the services of the petitioner was terminated on the ground that the petitioner belongs to Roniyar (Bania) caste from the State of Jharkhand under the OBC category, which is not appearing in the Central list of OBCs for the State of Jharkhand as per the notification dated 18.08.2010 from the Government of India, Ministry of Social Justice and Empowerment, hence candidates belonging to the Roniyar (Bania) caste from Jharkhand would not be entitled for any relaxation under the OBC category. In the writ petition, the petitioner has annexed the circular issued on 29.11.2001, which is the basis of issuance of caste certificate. The letter issued by the Government of Jharkhand requesting the National Commission for Backward Classes to include the names of OBCs, and in such certificate the Roniyar (Bania) is at Sl. No.20 in the Central list of State of Bihar and Jharkhand regarding Backward Classes. The petitioner sought information from RTI regarding inclusion of Bania in the Central list for the State of Jharkhand, as evident from Annexure-9 to the writ petition. It has been contended in the writ application that the respondent-Bank never raised any objection towards the services of the petitioner while serving as Executive for more than three years against the OBC category, Roniyar (Bania) on the basis of Caste certificate issued by the SDM, Sadar, Ranchi. The petitioner made a representation to the Chairman, National Commission for Backward Classes on 03.11.2011 for inclusion of Roniyar (Bania) in the OBC Central list for the State of Jharkhand. Being aggrieved by the impugned order of termination dated 22.02.2011, vide Annexure-4, the petitioner left with no alternative and efficacious remedy, has approached this Court under Article 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of her grievance.
(3.) Per contra, counter affidavit has been filed on behalf of respondent nos.1 and 2 controverting the averments made in the writ application. In the counter affidavit, it has been inter alia submitted that while issuing the offer of appointment letter dated 01.11.2010 to the petitioner, it was mentioned in Clause-9 (III) that the appointment of the petitioner is provisional and is subject to the community certificate being verified through the proper channels and if the verification reveals that her claim belonging to other Backward Classes is false then her service will be terminated without assigning any reason and thereafter, the petitioner has joined the service of the respondent as provisional. The petitioner was appointed on the contract basis as Executive in the IDBI Bank Ltd. in the year 2007 on yearly basis and her services was renewed from 22.12.2008 to 21.12.2009 and 22.12.2009 to 21.12.2010 and the last renewal was made on 22.12.2009 i.e. prior to the issuance of the Central Government Notification dated 18.08.2010, in which, the Government has issued Central list of OBC for the State of Jharkhand and in which 'Roniyar' does not find place in the category of OBC. It has further been submitted that earlier Central list for the State of Bihar was considered for the petitioner as no any Central list of OBC for the State of Jharkhand was published and in the said Central list of OBC for the State of Bihar the 'Roniyar' was the OBC and that is why earlier the services of the petitioner was not terminated and, therefore, the respondents have rightly terminated the services of the petitioner. It has further been submitted that the petitioner is not entitled to be treated as OBC in the State of Jharkhand, if her OBC caste finds place in the Central list of OBC for the State of Bihar.;