Jageshwar Prasad Baghel (Bagri) vs State of M.P. and Others

Rajendra Menon, J.—Challenging his reversion to the post of Upper Division Teacher from the post of Lecturer, petitioner has filed this writ petition in the year 2002 before the M.P. State Administrative Tribunal, Jabalpur where the case was registered as O.A. No. 3988/02 and now after winding up of the Tribunal, matter stands transferred to this Court. Records indicate that petitioner was appointed as a Lower Division Teacher in the School Education Department on 10/09/74. He was posted in the Govt. Middle School, Chandauri-Khurd, Distt. Seoni. On 21/02/91, he was promoted as an Upper Division Teacher and on such promotion was posted in the Govt. Girls Higher Secondary School, Khera-Palari, Distt. Seoni.

Petitioner writes his surname as ''Baghel'' and according to him, his caste is ''Bagri'' which comes in the Scheduled Caste category. When the petitioner was appointed in the year 1974, the caste ''Bagri'' was not notified as a scheduled caste.

That being so, the initial appointment of the petitioner was in the general category and to that effect entries were made in the service book. However, vide notification Annexure A-1 dated 18th September, 1976, the scheduled caste and scheduled tribe order as applicable in the State of M.P. was amended and ''Bagri'' caste was included in the category of scheduled caste. Accordingly, the petitioner applied and was issued a scheduled caste certificate Annexure A-2 dated 8/07/88 after ''Bagri'' caste was notified as a scheduled caste in the entire State of M.P. and accordingly, corrections were made in the service book of the petitioner and he was granted a status of the scheduled caste employee.

Based on the aforesaid social status of the petitioner, his case was considered for promotion from the post of Upper Division Teacher to the post of Lecturer and based on the recommendations made by the D.P.C. vide order Annexure A-5 dated 10/09/98, petitioner was promoted on the post of Lecturer (Maths) in the quota reserved for scheduled caste candidate and was posted in the Govt. Girls Higher Secondary School, Barghat, Distt. Seoni. Thereafter, it seems that certain correspondence took place with regard to the caste ''Bagri'' and ''Baghel'' and on the ground that in the district of Seoni, the caste of the petitioner was not a scheduled caste and he has been granted promotion incorrectly, the impugned order Annexure A-7 was issued on 22/09/98 cancelling the promotion. Challenging this order, petitioner has filed this writ petition.

Shri M.K. Mishra invites my attention to the notification issued under the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 Annexure A-1 and points out that in entry no. 2 ''Bagri'' and ''Bagdi'' are shown as scheduled caste in the entire State of M.P. Thereafter, certain correspondence had taken place and the competent department of the State of M.P. vide Annexure A-6 on 25th September, 1998 informed the Collector that in the District of Seoni, both ''Bagri'' and ''Bagdi'' are to be treated as scheduled caste and certain notifications issued or circulars issued earlier on 10th July, 1998 is deemed to be cancelled.

Shri M.K. Mishra submits that petitioner''s promotion was cancelled only because of the circular dated 18th June, 1998 Annexure R-1 relied upon by the State Govt. but as this circular itself speaks about cancelling the notification dated 25th September, 1998, the action taken for cancelling the promotion is unsustainable.

Accordingly, he submits that the action taken is unsustainable. Petitioner deemed to have been promoted on the post of Lecturer and treating him to have been retired while working so, all consequential benefits be granted.

Respondents have filed the reply and it is stated by the respondents that in the District of Seoni, the caste ''Bagri'' and ''Bagdi'' is not treated as a scheduled caste and to that effect, a communication was made by the Collector on 18th June, 1998 and it is because of this that the petitioner''s appointment on the post of Lecturer is cancelled. Accordingly, on this count, respondents have tried to justify their action.

I have heard learned counsel for the parties and perused the record. There is no dispute with regard to factual aspects of the matter and it is clear from Annexure A-1 the notification issued on 18th September, 1976 that in the entire State of M.P., ''Bagri'' is treated as a scheduled caste category. However, in between certain circular has been issued and vide circular dated 18th June, 1998, the Collector, Seoni intimated to all concerned that caste ''Bagri'' in the district of Seoni is not a scheduled caste. However, this circular dated 18th June, 1998 was withdrawn by the State Govt. vide Annexure A-6 dated 25th September, 1998.

A perusal of Annexure A-6 dated 25th September, 1998 clearly shows that earlier decision of the State Govt. to treat the caste ''Bagri'' and ''Bagdi'' in the general category in the District of Seoni is withdrawn and the status of this category as a scheduled caste category was restored.

Once, vide Annexure A-6 on 25th September, 1998, the caste of the petitioner is declared to be a scheduled caste category and the order passed on 18th June, 1998 with regard to Seoni district is withdrawn, the impugned order cancelling the promotion of the petitioner passed on 22/09/98 is unsustainable because the order Annexure A-6 dated 25th September, 1998 clearly shows that the caste was declared as a scheduled caste in the district of Seoni also. Therefore, once this circular was issued on 25th September, 1998, the promotion of the petitioner on the post of Lecturer should have been issued.

Continuing with the order Annexure A-7 dated 22/09/98 even after the circular Annexure A-6 dated 25th September, 1998 was issued is unsustainable. In para 6.5 of the writ petition, petitioner has clearly made specific averments with regard to circular dated 25/09/98.

In the return filed by the respondents, there is no whisper with regard to this circular. The State Govt. has maintained a total silence on this circular but says that the Collector, Seoni vide order dated 18th June, 1998 has intimated the S.D.O. and Tahsildars that ''Bagri'' caste in the district of Seoni is not a scheduled caste and, therefore, the action was taken.

That being so, it is a case where vide Annexure A-6 dated 25th September, 1998, the earlier circulars withdrawing the status of persons like the petitioner in the district of Seoni is cancelled and once, the same was done, petitioner''s promotion to the post of Lecturer should have been restored. This having not been done and, therefore, the petition has to be and is accordingly allowed. The impugned order dated 22/09/98 cancelling the promotion of the petitioner on the post of Lecturer is quashed.

Respondents are directed to treat the petitioner to have been promoted on the post of Lecturer vide order dated 10/09/98 and treating him to have been retired on the post of Lecturer, grant him all consequential benefits of pay fixation, monetary benefits and arrears of revision of pension as the order cancelling the promotion of the petitioner on the post of Lecturer is passed on considerations which are unsustainable. Accordingly, the petition stands allowed and disposed of.