G.Srinivasa Rao v. The District Collector & Anr.

G.Srinivasa Rao .... PETITIONER A N D The District Collector and another. …RESPONDENT THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION NO.2241 OF 2002 O R D E R: The petitioner G.Srinivasa Rao, was appointed as Draftsman in Visakhapatnam Port Trust with effect from 01.07.1982 against the post reserved for Schedule Tribe. He was selected on the basis of a Tribal Caste Certificate produced by him showing that he belongs to ‘Bentho Oriya’ community, which is a schedule tribe and notified as such in the Constitution (Schedule Castes) order 1950 for the State of Andhra Pradesh. He was working in that post.

#2. Subsequently the second respondent authority i.e., Port Trust sent the Caste Certificate of the petitioner to the District Collector, Srikakulam, for verification and the District Collector on verification sent a report dated 10.11.83 to the effect that the petitioner does not belong to ‘Bentho Oriya’ community, but he belongs to ‘Vaddi’ community which is not a schedule tribe. It is seen that the second respondent thereafter cancelled the appointment of the petitioner on the ground that he has produced a false Caste Certificate and his services under probation were also terminated with effect from

10.07.1984. Thereafter the petitioner filed Writ Petition i.e., W.P.No.1289 of 1984, wherein this Court directed the management of the second respondent to main Status-quo and thereafter the petitioner was again taken back into service. The said Writ Petition No.1289 of 1984, was allowed on 23.09.1996, and directed the authorities to decide about status of the petitioner after giving an opportunity to him. It is seen that subsequently a High Power Committee was also constituted to find out among other things, whether ‘Vaddi’ community people can be treated as those falling under ‘Bentho Oriya’ community and it appears that no decision is taken.

#3. The grievance of the petitioner is that without taking any decision about his social status, the second respondent is continuing him in service without declaring his probation and without giving consequential benefits and promotion though his juniors were regularized and promoted to various higher posts. The petitioner now says that the matter is still pending with the Government and because of inaction on their part, he is not getting promotions and he has not been regularized in the service. He filed the present Writ Petition for a writ of Mandamus or order or direction directing the respondents to extend all the service benefits to him on the basis of the caste certificate dated 25.11.1977 already furnished by him subject to a final decision that may be taken by the High Power Committee or State Government regarding his social status.

#4. Learned counsel appearing for the second respondent opposed this Writ Petition on the ground that unless the State Government takes a final decision in the matter, the second respondent cannot act and cannot confer service benefits on the petitioner.

#5. Today the learned counsel for the petitioner has produced a copy of Memo i.e., Memo No.883/CV.2/2007, dated 21.05.2009, pertaining to the issue relating to ‘Bentho Oriya’ Caste Certificates in Srikakulam District. The said memo reads that the Government has taken a decision to the effect that pending finalization of the issue, the ‘Bentho Oriya’ community Caste Certificates already issued should not be cancelled and that Status-quo should be maintained in respect of those certificates.

#6. The petitioner says that in view of the above Government Memo his caste certificate showing him, as ‘Bentho Oriya’ community cannot be cancelled and consequently the second respondent be directed to give all the service benefits to him. This is opposed by the learned counsel for the second respondent.

#7. It may be noted that the issue of truthfulness or otherwise of the petitioner’s Caste Certificate has to be taken by the concerned authorities under the A.P. Scheduled Tribe Community Services, Act, 1977 or the State Government or its High Power Committee referred to supra and this Court cannot pronounce upon it one way or the other. In the circumstances the petitioner is permitted to make a representation to the second respondent and it shall consider the representation of the petitioner, for extension of service benefits to him on the basis of aforesaid memo dated 21.05.2009 issued by the Government directing all the authorities to maintain status-quo in respect of ‘Bentho Oriya’ community caste certificates and take a decision according to law.

#8. This Writ Petition is accordingly disposed of. There shall be no order as to costs. AUGUST 03, 2011. YVL _____________________ N.RAVI SHANKAR, J