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Judgment
N.K. Jain, C.J.—This writ appeal has been filed against the order of the learned single Judge dated 27.11.2000, passed in W.P. No. 15156
of 1992.
It is alleged that the community certificate the Appellant dated 30.10.1974 issued by the Tahsildar. Mettur Taluk, has been cancelled by the
District Collector on 3.9.1992. Against that cancellation order Appellant has filed the writ petition. The learned single Judge, on consideration,
dismissed the writ petition. Aggrieved against that order, she has filed this writ appeal.
The learned Counsel for the Appellant submits that the Government, as per the directions of the Hon''ble Supreme Court, has constituted a
committee at State Level as well as District Level to scrutinise all the cases arising on the basis of the community certificates. He also submits that a
Division Bench of this Court has also in W.A. Nos. 1801 and 1802 of 1999 dated 20.9.1999 (T.V. Santha Kumari v. State of Tamil Nadu and
Ors.) and also in W.A. No. 1603 of 2000 dated 19.9.2000 (R. Dhanagopalan v. The Collector Salem District, Salem) has directed that District
Level Committee should decide the issue. He further submits that though the Appellant is an employee of the 3rd Respondent-bank, yet the issue is
to be decided by the District Level Committee. Therefore, the Appellant may be permitted to raise her grievance before the said committee. He
also submits that the Appellant is still working under the 3rd Respondent bank. Therefore, the, Appellant may be permitted to continue in service.
On our directions, Mr. R. Viduthalai, learned Government Pleader takes notice for Respondents 1 and 2. He has not disputed the legal position.
He submits that the Appellant may be directed to file her representation, along with the relevant documents, before the District Level Committee.
We have heard the learned Counsel and perused the materials on record. The Appellant is stated to have been working with the 3rd
Respondent-bank. The question whether she is in service or not, being a question of fact, cannot be gone into at this stage. Under the
circumstances, in view of the decisions cited above, without going into the merits of the case, we direct the Appellant to approach the District
Level Committee within 30 days from today, by way of making a representation along with necessary documents. Thereafter, the Committee will
consider and decide the issue, without prejudice to any of the observations made by the learned single Judge in the writ petition, as early as
possible, in accordance with law. If the Appellant has not been removed from service, she will continue to be in service. However, it will be
subject to the ultimate decision of the Committee. With the above observations, this writ appeal is disposed of. No costs. Consequently connected
C.M.P. is closed.