THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28050 OF 2014 Between:-
K.Kaviyarasan. And …Petitioner The Government of Andhra Pradesh, Rep.by its Principal Secretary, BC Welfare Department, Secretariat, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28050 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.
This writ petition is filed seeking a writ of mandamus, declaring the action of the first respondent in not passing any orders on the appeal dated 19-7-2014 filed by the petitioner against the order dated 27-6-2014 as illegal, arbitrary, unjust and consequently direct the first respondent to dispose of the said appeal.
The petitioner was appointed as Language Pandit (Hindi) on 28-12-2012 in BC-A categcory. The 5th respondent issued the caste certificate declaring that the petitioner belongs to BC-A community. On a complaint filed by some third party, the third respondent constituted District Level Scrutiny Committee i.e., 4th respondent to conduct enquiry into the genuineness of the certificate produced by the petitioner. In the enquiry, it was found that the petitioner does not belong to BC-A community. Basing on the enquiry report, the third respondent issued proceedings dated 27-6-2014 cancelling the caste certificate. Feeling aggrieved, the petitioner filed an appeal before the first respondent questioning the cancellation order of caste certificate and the said appeal is now pending before the first respondent. In the said appeal, the petitioner filed a petition, seeking stay of the operation of the order passed by the third respondent. The grievance of the petitioner is that the first respondent is neither taking up the appeal for hearing nor is granting stay in the matter as prayed for by the petitioner.
Under these circumstances, the petitioner filed the present writ petition seeking a direction to the first respondent to dispose of the appeal and to pass interim order directing the respondents not to terminate the services of the petitioner pursuant to the show cause notice issued to him on 9-09-2014.
Having heard the learned counsel on either side, this Court is of the opinion that the relief prayed for in the writ petition can be granted.
Therefore, the first respondent is directed to dispose of the appeal filed by the petitioner within a period of two months from the date of receipt of a copy of this order and the petitioner shall not be terminated from service in pursuance to the show cause notice dated 9-09-2014 pending disposal of the appeal before the first respondent.
The writ petition is disposed of accordingly. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 19-09-2014 Note:
Issue CC tomorrow. Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28050 OF 2014 Date: 19-09-2014 Shr.