• Regarding job security

Hello sir/madam,
Presently I am in a central government job from last six months. A year ago my state government changed my caste from OBC to ST. After some research about my caste, I got to know that central government made some changes and they Repealed and amended some laws among those laws few amendments were related to my caste. My state government misunderstood this information and they issued a notice that my community people will be given ST caste certificate, I also got to know that the notice issued by my state government was not right and unconstitutional. From RTI and different sources I got to know that my state government issued a wrong notice changing my community from OBC to ST. I have secured my job on ST category seat. they have issued ST category certificate to thousands of people of my community. And using those certificates they have secured various jobs in the state and central government. I have got my ST caste certificate from DM office after submitting proper documents and through proper channel. Now, my company is about to go to my DM office for my caste certificate verification. As this is clearly a problem between the state government and central government. To safeguard myself I have managed to get all the documents related to this matter which was issued by central government amendments and raj-patra etc. and state government issued notice etc. Will I be fired and company file FIR on me. What I should do now. In future, i do not want any problem what i should do now.
Asked 7 years ago in Labour

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5 Answers

Since,the fault lies with the State Govt., which faltered in interpreting the directives of the Central Government, you are not be blamed for this.

Moreover, you've not converted from OBC to ST by any of of fraud or misrepresentation. Whereas, you had a bonafide belief in the actions of the state government. Thus, if there is any untoward situation in which you land up, take recourse to legal proceedings and you are bound to be granted relief by the Indian Courts.

Vibhanshu Srivastava
Advocate, Lucknow
9742 Answers
320 Consultations

You would not be fired if certificate issued to you is genuine

2) since state government issued notification that your caste falls under ST you should pass the verification test

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

Respected sir...

You just have to reply the legal notice of the state government . And you did not do any mistake it's all a mistake of understanding between state and central government ...Sir they might have given in any of the notification that from such date these rules regarding this caste are null and void if you use that certificate after knowingly that was a crime in your case no need of worry if they will say to you to Regine from your jo ask them to show restropective law in that notification ...If that is not you will not be removed from your job...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hello,

the thing is that your caste has been included under the category of ST by the State Government itself and therefore your certificate is genuine.

You can not be blamed for the wrong done by the government.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

If you have not submitted false information to procure this ST community certificate for wrongful gains or have submitted fabricated documents for obtaining this certificate, you need not worry about this position.

This certificate was genuinely given by the authority competent to issue/furnish this hence they will be having record of issuance in their register, which will be verified in case your company is seeking confirmation.

Let the authority answer that why and how did they issue this certificate to you if you are not eligible for the same.

You dont worry about this because no complaint with the police is maintainable on this and you can sue the company for defaming you when you have actually submitted the genuine certificate.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

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