Pawan Kumar Sen vs Central Warehousing Corporation on 29 October, 2015

1. The issue, which arises for consideration of this Court is, whether

the respondent is justified in terminating the services of the petitioner as

Senior Assistant Manager (Accounts) on the ground that the caste

certificate submitted by him, was from Tonk where he was not ordinarily

residing and it was not applicable to Central jobs.
2. It is the submission of Mr. Shanker Raju, that the petitioner belongs

to ‘Nai’ caste, which is an OBC in the State of Rajasthan and has been

incorporated in the Central List vide notification dated October 19, 1994.

The father of the petitioner, who was serving in the State Government, was

W.P.(C) No. 7093/2015 Page 1 of 9
transferred from district Bundi to District Tonk. The petitioner applied and

secured a certificate of Backward Class dated June 10, 2009 while in Tonk.

On December 15, 2009, the father of the petitioner was transferred from

Tonk to Jaipur. In July, 2010 the respondent corporation notified posts of

Management Trainee (Accounts). The petitioner also applied against the

said notification. The applications were to be filled online and the self

attested copy of the caste certificate was to be attached with the print out of

the application form having auto generated. He would state, the said

notification did not prescribe, for availing reservation as OBC, one has to

be submit a certificate of OBC meant for Central Posts.

Source: Indian Kanoon

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