Allowed

Naveen Kumar Sahu, v. The state of A.P

Andhra Pradesh HC12 Jul 2021WP/8326/2019

Case brief

AI extract

What is this about?

This order concludes a writ petition wherein the petitioner sought provisional admission and declaration of Rechts, challenging inaction in issuing an ST caste certificate. The court directed the competent authority to complete the enquiry expeditiously and allow provisional benefits pending the final outcome.

What did the court decide?

Competent Authority directed to complete enquiry expeditiously; provisional admission granted pending final decision.

Naveen Kumar Sahu, Vs The state of A.P — Pension and Retirement Benefits | Andhra Pradesh HC (2021)

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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION NO.8326 OF 2019

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ORDER :

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This writ petition is filed ‘to declare the action of respondents in not issuing the ST caste certificate (Bentho Oriya) to the petitioner though he made an application on 05.06.2019 as per the AP (SC, ST and BCs) Regulation of Issuance of Caste Certificate Act, 1993 (for short ‘the Act’) for issuance of caste certificate (ST – Bentho Oriya), as illegal and arbitrary.’

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The case of the petitioner is that, he belongs to BenthoOriya community, which is classified as Scheduled Tribe category and he made an application on 05.06.2019 as per the Act and the Rules of 1997 for issuance of the caste certificate and the said application is pending for enquiry; as per Rule 19 of the Act and the Rules of 1997, if for any reason, the certificate could not be issued within 30 days, provisional admission should be granted; petitioner has to produce the caste certificate before the 5^th respondent. A Division Bench of this Court in W.P.No.28776 of 2015 dated 10.09.2015 has directed to issue provisional admission pending enquiry. Questioning the action of the respondents in not issuing the ST caste certificate to the petitioner, present Writ Petition is filed.

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3^rd respondent filed counter inter alia stating that the Government in G.O.Ms.No.104 Social Welfare (CV.1) Department dated 05.09.2019 have appointed Sri J.C.Sharma, I.A.S (Retd.) as Head of the One Man Commission to resolve the issues and the same is pending.

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In interim direction was also sought to direct the respondents to issue provisional admission as per Rule 19 of the A.P (SC, ST & BC) Regulation of issuing of Community Certificate Act, 1993 and Rules 1997 and this Court by order dated 10.07.2019 granted interim order as prayed for.

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Learned Government Pleader for Social welfare appearing for the respondents submits that respondent-authorities would complete the enquiry for issuance of caste certificate basing on his application dated 05.06.2019 and appropriate decision would be taken in the matter.

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In the facts and circumstances of the case, the Competent Authority is directed to complete the enquiry as expeditiously as possible, take appropriate decision in the matter and communicate the same to the petitioner. As there is an interim direction pending writ petition, petitioner is entitled to the benefit of the same pending enquiry. However, the petitioner would not be entitled to claim any equities in the event, it is

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decided that he does not belong to ‘Bentho Oriya’ community as claimed by him and that he is not entitled to such certificate.

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The Writ Petition is, accordingly, disposed of. No order as to costs.

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Miscellaneous petitions, pending, if any, in this Writ Petition shall also stand closed.

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__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 12.07.2021 KA

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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION NO.8326 OF 2019

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Date: 12.07.2021

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Naveen Kumar Sahu, v. The state of A.P

Case brief

What is this about?

What did the court decide?

Naveen Kumar Sahu, v. The state of A.P

Case brief

What is this about?

What did the court decide?

What the court decided

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