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TMI Blog2019 (9) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... ement is that the claim petition filed by the respondent was incompetent as it had been instituted without impleading proper and necessary parties, namely, the District Level and the State Level Committees constituted for the purpose of scrutiny of caste. 3. It is further submitted that the Tribunal committed an error in ignoring the fact of the filing of an appeal against the decree of the Civil Court on which reliance was placed by the respondent and, therefore, extending the benefit of the said decree to the respondent vitiates the impugned order. 4. Thirdly, it is submitted that, as a matter of fact, it was established from the Caste Scrutiny Committee reports that the respondent belonged to the extremely backward community and not to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spension. The said enquiry proceedings culminated in the removal of the respondent in the year 2015. But, in between, the respondent had approached this Court by filing C.W.J.C. No.6820 of 2010 that was disposed of on 31st March, 2011 observing that the order of the District Magistrate passed earlier on 27th June, 2008 had lost its efficacy and a fresh decision had to be taken in respect thereof. 9. It is in this background that the District Magistrate instituted proceedings with regard to scrutiny of the caste certificate in the year 2011 and the District Magistrate, on the basis of the reports of the Scrutiny Committee, construed the caste of the respondent as "Kahar", which is an extremely backward category caste, and conveyed the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of July, 2018 directing the authorities to pass an appropriate order. The original application remained pending. 16. The Tribunal, after having heard the parties, on 12th of December, 2018 allowed the original application and issued a directions to reinstate the applicant after quashing the removal orders dated 16th of July, 2015 and 14th of June, 2016, passed by the disciplinary authority and the appellate authority respectively. 17. It is challenging the order of the Tribunal that the Department came up in this writ petition contending that the impugned order of reinstatement is vitiated with a further request that the said order should be stayed during the pendency of the writ petition as an appeal against the original decree in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration the entire facts on record, but mainly basing its finding on the strength of the decree of the Civil Court. We do not find any error in the approach of the Tribunal in doing so, inasmuch as, so long as the decree holds valid, the respondent-applicant was entitled for the relief that was prayed for. 20. Coming to the issue of an appeal having been filed against the judgement and decree of the trial court, we do not propose to comment upon the same, inasmuch as it is open to the petitioner Department to pursue its remedy of appeal against the decree of the trial court declaring the status of caste of the respondent is concerned. In the event the decree is reversed or a finding contrary to the same is recorded by the trial court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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