Dismissed

The State of a.P., Tribal Welfare Dept., Hyd and 3 Othrs v. Nakka Vijay Babu, Khm Dist. and Ano

Telangana HC26 Oct 2022WP/7536/2011

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging an Andhra Pradesh Administrative Tribunal order. The Tribunal directed appointment based on a valid ST certificate issued by the Mandal Revenue Officer. The Court held the Tribunal justified and the petition dismissed without costs.

What did the court decide?

The withdrawal of the writ petition. No appointment order to be made unless the certificate is re-issued and still valid.

The State of a.P., Tribal Welfare Dept… — Pension and Retirement Benefits | Telangana HC (2022)

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[³³¹⁸ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR itAO

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WRIT PETITION NO: 7536 OF 2011

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Between:

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The State of A.P., rep by its Principal Secretary, Tribal Welfare Dept., Secretarit, Hyderabad.

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The District Educational Officer, Khammam District, Khammam.

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The Tahsildar, Tahsildar Officer, Dummugudem Mandal, Khammam District.

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The Village Revenue Officer, Pedanallaballi Vilage,, Dummugudem Mandal, Khammam District.

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...PETITIONERS

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AND

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Nakka Vijay Babu, S/o. Rajarao, Unemployee, R/o.Pedanallaballi Village, Dummugudem Mandal, Khammam District.

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Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad, rep. by its Registrar.

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...RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to the orders of the Hon'ble A.P. admn. Tribunal, Hyderabad^passed in O.A.No.135/2010 dated 03.1 1.2010 as being erroneous illegal and unreasonable and^quash the same.

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|.A.NO:1 OF 2011(WPMP. NO: 9378 OF 20'll)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders of the A.P. Administrative Tribunal, Hyderabad passed in O.A.No.135/2010 dated 03.11.2O1 pending disposal of the writ petition.

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Counsel for the Petitioners : GP FOR SERVICES- ll

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Counsel for the Respondent No.1 : SRI.M.RAMA KRISHNA

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Counsel for the Respondent No.2 : --

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The Court made the following ORDER

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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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Writ Petition No.7536 of 2011

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ORDER: (Per Hon'ble Justice Abhinand Kumar Shauili) Aggrieved by the order dated 03.11.20iO passed in O.A.No.135 of 2OlO by the Andhra Pradesh Administrative Tribunal, Hyderabad, (for brevity, "the Tribunal") the present writ petition has been filed.

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Heard the Learned Government Pleader for ServicesII appearing for the petitioners.

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It is the case of the petitioners that in pursuance of DSC-2002 Telangana Recruitment Notification, the lst respondent has applied for the post of Hindi Pandit Grade-II from Scheduled area-of Khammam District. However, the case of the l"t respondent was not considered on the ground that he could not produce the local Schedule Tribe certificate from the authorit5r. Aggrieved by the same, the l"t respondent^has approached the Tribunal, by filing O.A.No.135 of 2010

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)

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and without appreciating any of the contentions raised by the petitioners. The Tribunal uide order dated 03.11.2010 disposed of the said O.A. by directing the petitioners to give provisional appointment order in favour of the l"t respondent based upon the ccrtificate issued by the Mandal Revenue Officer on 23.12.2000 and 1n as long as the said certificate issued by the MRO is force, it cannot be carlcelled by the competent authority. The Certificate issued by the MRO has to be treated as valid in terms of Rule 19 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes ald Backward Classes) Regulation of Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 .

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Learned Government Pleader appearing for the petitioners had contended that appropriate orders be passed in the writ petition by setting aside the order passed by the Tribunal.

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Having considered the said submissions, this Court is of the view that the Mandal Revenue Officer, who is the

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competent authority, has issued a certificate in favour of the respondent on 23.12.2OOO, and as long as the said certificate is in existence, the benefits in favour of the 1.t respondent cannot be denied by the petitioners. Therefore, the Tribunal was^justified in disposing of the O.A. by directing the petitioners to consider the case of the 1st respondent for appointment as Hindi Pandit Grade-II, while considering his casc under scheduled area of Khammam District. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal.

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If the certificate issued by the competent authority is still valid, the petitioners are directed to consider the case of the 1"t respondent for appointment. If the certilicate issued by the competent authority is cancelled, I tfre petitioners shall not give any appointment in favour of the l"t respondent. No costs.

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1S 7. With these observations, the writ petition dismissed.

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