Karnataka High Court
Sri.Dr.B.T.Pujari vs The Vice Chancellor on 24 May, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
WP No. 21296 of 2014
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 21296 OF 2014 (S-DIS)
BETWEEN:
SRI. B.T.PUJARI
S/O SRI. TIPPANNA PUJARI,
AGED ABOUT 63 YEARS,
OCC : FORMER DEAN (AGRI),
AGRICULTURAL COLLEGE, KALABURAGI,
B1 QUARTERS, ALAND CHECK POST,
KALABURAGI - 585 101,
NOW RESIDING AT NO.2-911-62-210M,
BADEPUR RJAPUR, GDA LAYOUT,
TILAK NAGAR, KALABURAGI-585105.
...PETITIONER
(BY SRI I.R.BIRADAR AND SRI G G CHAGASHETTI, ADVOCATE)
AND:
Digitally signed 1. THE VICE CHANCELLOR,
by SACHIN
Location: HIGH UNIVERSITY OF AGRICULTURAL
COURT OF SCIENCES, RAICHUR - 584102.
KARNATAKA
2. THE REGISTRAR,
UNIVERSITY OF AGRICULTURAL SCIENCES,
RAICHUR, RAICHUR-584102.
3. THE UNIVERSITY OF AGRICULTURAL SCIENCES,
RAICHUR-584 102,
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI AMARESH S.ROJA, ADVOCATE)
-2-
WP No. 21296 of 2014
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
PERTAINING TO CASE NO.R/UASR/EST/240/2014-15 FROM THE FILE
OF THE REGISTRAR, UNIVERSITY OF AGRICULATURAL SCIENCES,
RAICHUR AND ON PERUSAL OF THE SAME ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OF
DIRECTION SETTING ASIDE THE IMPUGNED ORDER MADE THEREIN
DATED 29.04.2014 IN CASE NO.R/UASR/EST/240/2014-15 VIDE
ANNEXURE-A AND ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO RELEASE THE PENSION AND OTHER RETIREMENT
BENEFITS FROM THE DATE OF RETIREMENT I.E., 29.11.2014 WITH
INTEREST FROM SUCH DATE TILL THE REALIZATION.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:-
a) Issue a writ of certiorari or any other appropriate writ, order of direction setting aside the impugned order made therein dated 29.04.2014 in Case No.R/UASR/Est/240/2014-15 vide Annexure-A.
b) Grant any other relief as deemed fit by this Hon'ble Court in the facts and circumstances of the case including costs in the interest of justice.
c) Issue a writ of mandamus directing the respondents to release the pension and other retirement benefits from the date of retirement i.e., 29.11.2014 with interest from such date till the realization.
2. The petitioner was born in Suthan Village of Chincholi Taluk in Kalaburagi District in the year 1952 and was appointed as a Research Assistant at University of Agricultural Sciences, Bengaluru in the year 1982 and -3- WP No. 21296 of 2014 subsequently as Professor in the University of Agricultural Sciences, Dharwad in the year 1997, the said University having been bifurcated into Dharwad University and University of Agricultural Sciences, Raichur the petitioner services came to be transferred to the Raichur University.
3. The petitioner claims to belong to Kuruba community which is synonymous to the Gond community in the district of Kalaburagi and as such he had obtained a caste certificate indicating that he belongs to the Gond community which was considered when his appointment was made in the year 1982.
4. The contention of Sri I.R.Biradar, learned counsel for the petitioner, a dispute arose as regards whether the Kuruba's in the district of Kalaburagi can be classified as belonging to scheduled tribes and as such, there were several communications which were exchanged between various departments. The State Government -4- WP No. 21296 of 2014 had issued a Government order on 02.09.1986 categorically stated that no penal or disciplinary action shall be taken and prosecution, if any, initial be kept in abeyance as regards the persons belonged to Kuruba community having obtained caste certificate belonging to the Gond/Rajgond Community and in the event of any employee of the State Government or if any employee had been suspended, the suspension was also revoked.
5. On 10.02.1997, the Secretary to Government, Social Welfare Department, Government of Karnataka wrote to the Secretary, Government of India, Ministry of Welfare seeking for action to include the Kuruba caste is a synonymous of Gond and Rajgond community in the scheduled tribes list restricted to Kalaburagi District with area restriction. This was also followed up by Government Order No.SWD 713 SAD 93, Bengaluru dated 11.03.2002. Wherein it was stated that educational concession extended to Pariwara, Talwara, -5- WP No. 21296 of 2014 Maaloru, Kuruba communities, who have obtained scheduled tribes caste certificates were to be surrendered by them immediately for cancellation. However, it has clarified that any benefit or reservation obtained in educational employment based on a wrong caste certificate issued by the competent authority as schedule tribe which had become final would not be disturbed. Despite the other government orders, in the year 2014 action was proposed to be taken against the petitioner for dismissal from service on account of a false certificate having been obtained. The notice having been replied to by the petitioner be replied not being accepted led to the passing of the impugned order dated 29.04.2014 at Annexure-A dismissing the petitioner from service, which is challenged in the present proceedings.
6. When the matter was taken-up initially, this Court stayed the order of dismissal and directed the continuance of the petitioner in service, which he -6- WP No. 21296 of 2014 continued until his superannuation in the year 2024 (29.11.2024).
7. There is no malafide on the part of the petitioner inasmuch as at the relevant point of time the competent authority has issued a caste certificate in favour of the petitioner as belonging to the Gond community since Kuruba and Gond community are synonymous in the district of Kalaburagi. This fact has been accepted by the Government and Government has categorically stated that if any benefit has been obtained, the same shall not be disturbed. The State Government has also further stated that no prosecution shall be initiated against such persons as similarly situated to the petitioner and even if any action is initiated the same would be suspended. This is also followed by a letter addressed by the Secretary, Social Welfare Department, Government of Karnataka to the Secretary, Social Welfare Department, Government of India requesting for inclusion of the Kuruba community -7- WP No. 21296 of 2014 as synonymous to the Gond community in the scheduled tribes list. These actions which have been taken by the Government would indicate that even the Government is under the impression and has acted by regarding the Kuruba community to be a synonym to Gond community and as such belonging to scheduled tribes. The issue apparently has arisen on account of Government of Indian not having taken any action in pursuance of the recommendation made by the Secretary, Social Welfare Department in either accepting or rejecting the recommendation made. It is for the Government of India to take necessary action at the earliest so as to award these kind of litigations.
8. Be that as it may, the petitioner having been appointed in the year 1982, the issue as regarding Member of Kuruba community being treated as a Member of the Gond community and therefore Member of the schedule tribes having arisen in the year 1997, no fault can be found with the petitioner since at the relevant point of -8- WP No. 21296 of 2014 time there is no such confusion and that a person belonged to the Kuruba community in the district of Kalaburagi was treated to be belonging to the Gond community.
9. It is for this reason that the Government has issued necessary orders categorically indicating that no action could be taken against such persons and that any benefit obtained and attaining finality not be disturbed. In the present case, the benefit that the petitioner derived has attained finality on his appointment in the year 1982, though of-course subject to the promotion which were granted to the petitioner from time to time, the action against the petitioner is proposed to be taken only in the year 2014, after a lapse of more than 42 years, until 2014 there is no action which is taken against the petitioner nor proposed to be taken against the petitioner. It would not lie for the respondents to initiate such action in the year 2014, when until then the petitioner was treated to be belonging to the Gond -9- WP No. 21296 of 2014 community. In that view of the matter, I am of the considered opinion that the impugned order dated 29.04.2014 would be required to be quashed. As such, I pass the following :
ORDER i. The writ petition is allowed.
ii. A certiorari is issued, the impugned order dated 29.04.2014 in Case No.R/UASR/ Est/240/2014-15 vide Annexure-A to the writ petition is hereby quashed.
Sd/-
JUDGE SN List No.: 1 Sl No.: 40