SHIVARAJ Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioners filed the present writ petitions for writ of certiorari or any writ order or direction and to quash the impugned order passed by respondent Nos.1 and 3 respectively and to issue writ of mandamus directing the respondents to release the arrears of salary of the petitioners from which it was stopped with interest till the actual payment at 12% per annum and since the petitioner No.2 has retired from service to pay the arrears of salary from when it was stopped and to fix and pay the pension from the date of retirement 30.10.2017 and also to direct the respondents No.1 to 3 to release the salary of petitioner No.1.

(2.) It is the case of the petitioners that they belonged to Beda Jangama Caste and obtained caste certificates from the jurisdictional officer in the year 1987 and they have applied for the post of Lecturer and Librarian in pursuance of the notification issued by the fourth respondent. On 22.07.1988 petitioner No.1 - Sri Shivaraj was appointed as a Lecturer and on 03.10.1989 petitioner No.2 - Smt.Shashikala was appointed as Librarian and joined their duties under fourth respondent's college. The things stood thus, a complaint made by third party i.e., one Mr.Baburao P.Badiger, District Secretary SCST Cell KPC, Gulbarga which was forwarded to the Additional Director General of Police, CRE Cell, Bengaluru. Based on the said complaint the matter was enquired by the said CRE Cell and submitted a report to the District Caste Verification Committee, Kalaburagi (for short the 'Committee') in the year 2005. The said Committee by order dated 01.10.2005 and 02.03.2017 without issuing notice and hearing to the petitioners cancelled the caste certificates of both the petitioners as per Annexures 'A' and 'B'. On the basis of the said orders passed by the said Committee, the State Principal Secretary, SCST Cell KPC, Kalaburagi lodged a complaint on 05.07.2017 to the Commissioner of Collegiate Education Department. In response to the same, the Commissioner by a letter dated 25.07.2017 as per Annexure-C directed the respondent No.3 - Joint Director to inspect and enquire into the fourth respondent institution and submit a report. The Regional Joint Director, Kalaburagi by a letter dated 11.08.2017 after enquiry with the fourth respondent without noticing and hearing to the petitioners directed the fourth respondent institution to stop the salary vide Annexure-D.

(3.) Being aggrieved by the said order passed by the Committee, both the petitioners filed the appeal before the Commissioner of Social Welfare Department, Bengaluru in Appeal No.9/2017-18 and Appeal No.10/2017-18 under Section 4-D of the Karnataka Scheduled Castes, Schedules Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990. The Appellate authority after considering the entire material on record by a separate orders dated 29.08.2017 and 05.09.2017 allowed both the appeals and the orders passed by the Committee, was set-aside and the matter remanded back to the Committee to pass fresh orders after affording an opportunity to both appellants/petitioners and pass appropriate order in accordance with law and also directed the parties to appear before respondent-Committee on 18.09.2017. Admittedly the said matter still pending for adjudication. The order passed by the Committee has reached finality. After the orders passed by the Appellate Authority both the petitioners made a representations to fourth respondent dated 06.10.2017 and 26.10.2017 brought into the notice and requested to release of their salary. Inspite of the same the respondents 1 and 3 neither considered the representations nor passed any orders. Therefore, the petitioners are before this Court for the relief sought for.