Union of India (UOI) vs A. Periasamy and The Central Administrative Tribunal, Madras Bench

P. Sathasivam, J.—By consent of all the parties, the writ petition itself is taken up for disposal.

Aggrieved by the order of the Central Administrative Tribunal, dated 17.08.2004 passed in O.A.No.72 of 2004, Postal Services Department, has filed the above writ petition.

Heard the learned Additional Central Government Standing Counsel and the learned counsel for the first respondent.

The matter relates to verification of Community Certificate issued in favour of the 1st respondent. It is not in dispute that the Honorable Supreme Court in the case of Kumari Madhuri Patila and another Vs. Addl. Commissioner, Tribal Development and others, , directed the State Governments to constitute a Committee to go in to the verification/genuineness of the Community Certificate/ status, in respect of persons belonging to Scheduled Castes and Scheduled Tribes. It is also brought to our notice that the issue relating to verification of the community certificate/status was considered by a Division Bench of this Court in a batch of writ petitions and in some cases, the Division Bench has permitted the officer/officers concerned to continue in their posts and also ordered reinstatement. Based on the direction of the Division Bench, the State Government constituted a Three Member Committee at the District/State level.

In such circumstances, we are of the view that it is for the concerned Committee to go into the genuineness of the community certificate/community status of the 1st respondent herein. On this ground, we set aside the impugned order of the Tribunal dated 17.08.2004 made in O.A.No.72 of 2004 and the petitioners/Department are directed to reinstate the 1st respondent herein in the same position. However, the petitioners / Department are permitted to make a reference to the concerned Committee in respect of the verification of the community certificate/ status of the 1st respondent herein (A.Periasamy). On such reference is made, the Committee is directed to consider and dispose of the same within a period of six months, thereafter. Depending on the outcome of the proposed enquiry by the Committee, the petitioners are free to take appropriate action. This Writ Petition is disposed of accordingly. No costs. Consequently, connected WPMPs are closed.