Suryavarapu Apparao v. The State of Andhra Pradesh
Case brief
What is this about?
This order grants a stay on the cancellation of the petitioner's Scheduled Tribe caste certificate while his appeal is pending. It directs the employer to refrain from termination and deprives the petitioner of promotion or increments until the appeal is decided within two months.
What did the court decide?
Stay of cancellation order, bar on termination and promotion/increments during appeal, direction for disposal within two months.
What the court decided
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
Writ Petition No.21611 of 2012
ORDER:
The caste certificate issued to the petitioner to the effect that he belongs to Scheduled Tribe was cancelled by the Collector & District Magistrate, Visakhapatnam, respondent No.2 herein, through proceedings, dated 22.04.2012, in exercise of powers under the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issuance of Community Certificates Act, 1993. The petitioner preferred an appeal before respondent No.1 together with an application for stay. His grievance is that respondent No.1 did not pass any order of stay and taking advantage of the same, the employer, respondent No.3 herein, is trying to terminate him from service.
Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare.
The petitioner has raised several grounds in the appeal preferred by him before respondent No.1. The same needs to be examined by the appellate authority. However, if the petitioner is terminated from service even while the appeal is pending, serious prejudice would be caused to him.
Hence, the writ petition is disposed of, directing that the order, dated 22.04.2012, passed by respondent No.2 shall
remain suspended till respondent No.1 disposes of the appeal. The appeal shall be heard and disposed of positively within a period of two months from today. It is also directed that the petitioner shall not be entitled to any promotion or increments till the appeal is disposed of. There shall be no order as to costs.
Issues for consideration
1 issue framed by the court
Whether to grant interim relief to prevent termination of service pending the disposal of the appeal regarding caste certificate cancellation.
Parties & counsel
- petitioner
Petitioner
- respondent
Collector & District Magistrate, Visakhapatnam
Coram
L.Narasimha Reddy
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · July
- Registered
- Case no.
- WP/21611/2012
Similar cases
Judgements on the same questions, provisions and authorities, from every court