Brij Kumar vs State Of Jharkhand

Heard counsel for the parties.

Petitioner has knocked door of this Court for a direction upon the respondents to allow him to join as Office Assistant (Multipurpose) in the office of

Respondent No. 6 â€" Bank in accordance with letter of joining dated 09.08.2018 in the category of Ex-Serviceman. In the alternative, petitioner has

prayed for a direction upon the respondent nos. 2, 3 and 4 to issue OBC Certificate as per the prevalent laws.

Case of the petitioner in brief is that after serving the nation for 15 years under Indian Naval Services with an exemplary service record, petitioner

filled up application for the post of Office Assistant (Scale â€" I â€" III) conducted by Institute of Banking Personnel Selection under the category of

‘Ex-Serviceman’ with his caste as ‘Other Backward Caste’. Petitioner appeared and qualified in the examination under the category of

‘Ex-Serviceman’ and was allotted vacancy in ‘OBC-EXS’ category and was issued joining letter dated 07.03.2018 bearing no. HO/HR/

1530/ 17-18 from respondent nos. 6 and 7 with a direction to appear before respondent no. 6 on 10.04.2018 but the joining was not accepted because

petitioner did not have OBC Certificate issued by the competent authority. Since petitioner could not obtain OBC Certificate, he requested before

respondent nos. 6 and 7 to accept his joining under the category of ‘Ex-Serviceman (General)’ and not ‘Ex-Serviceman (OBC)’.

Petitioner was also assured for a favourable decision but nothing was done in this regard. Various communications were also made by the petitioner to

respondent nos. 6, 7 and 9. It is case of the petitioner that he was selected under the category of ‘Ex-Serviceman’ and the cut-off marks of Ex-

Serviceman (General) as well as Ex-Serviceman (OBC) is the same and there cannot be a class under class.

Mr. Parth Jalan, learned counsel appearing for the petitioner argues that it is very unfortunate that even after serving the nation for 15 years,

petitioner is not able to get caste certificate duly issued by the competent authority in spite of the fact that he is a resident of Jharkhand and

continuously residing at Ranchi since his birth as his father was employed in a reputed government organization at Ranchi. Time and again authorities

of Jharkhand has rejected his application for issuance of Caste Certificate showing him under ‘OBC’ category though petitioner is entitled to

get the certificate as per Circular Number 1853, dated 26.02.2015. Learned counsel submits that even if caste certificate is ignored, he has qualified

under the category of Ex-Serviceman (General) and as such he should have been given appointment letter under the category Ex-Serviceman

(General). Learned counsel submits that in view of order dated 22.10.2019, since Bank is ready to accept his joining, suffice it would be if a direction

be given to the respondents â€" State to issue Caste Certificate in favour of the petitioner within a stipulated time.

Mr. A. Allam, learned Sr. Advocate does not dispute the submission of learned counsel for the petitioner.

Ms. Aanya, AC to learned GP-II submits that after order dated 22.10.2019, petitioner has not approached for issuance of Caste Certificate. If he

approaches before the respondents concerned, the same shall be issued in view of order and direction of this Court.

Be that as it may, having gone through arguments advanced by learned counsel for the parties, I find already a direction has been issued on

22.10.2019, which reads as under:

“22.10.2019 In pursuant to the order of this Court, supplementary counter-affidavit has been filed by the respondent Jharkhand Rajya

Gramin Bank on 18.10.2019 and in Para-6 of the said affidavit, it has been mentioned that Bank is still ready and willing to take the

petitioner under ex-servicemen OBC Category if he produces his OBC Certificate.

Learned counsel for the petitioner submits that already he has applied for the said certificate in view of the Notification of the State

Government.

Let a copy of the said notification along with copy of application made for issuance of caste certificate be handed over to the learned

counsel for the respondent â€" State.

Learned counsel for the respondent â€" State submits that OBC Certificate will be issued in favour of the petitioner, if at all he is entitled in

view of the said notification.

Let an affidavit be filed by the petitioner as well as the respondent â€" State regarding issuance of caste certificate of the petitioner as per

his entitlement.

Put up this case three weeks’ after ensuing Diwali Holidays.â€​

Since already an order has been passed on 22.10.2019, but neither the petitioner nor the respondents have filed any affidavit and as such, instead of

keeping the matter pending, suffice it would be to direct the petitioner to approach before the concerned respondents who, in turn, shall issue the

requisite caste certificate as per Notification of the State Government.

In view of facts and circumstances narrated hereinabove, I hereby direct the petitioner to approach before the concerned respondents along with all

requisite documents and a copy of the concerned Notification of the State Government, within a period of one month from the date of receipt of a

copy of this order. If petitioner approaches before the concerned respondents along with relevant documents and a copy of this order, the concerned

respondents shall examine the documents and verify the same and shall issue relevant Caste Certificate in his favour in accordance with law in view

of Notification of the Government. It is made clear, if petitioner is found entitled for issuance of relevant caste certificate, the same be issued to him

within a period of one month from the date he approaches before the concerned respondent. Needless to say, if caste certificate is issued in favour of

the petitioner, petitioner shall approach before the respondents â€" Bank in view of order dated 22.10.2019 and the Bank shall accept his joining in

accordance with law.

With the aforesaid observations and directions, this writ petition stands disposed of.

As a sequence thereof, pending Interlocutory Applications also stand disposed of.