IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 26642 of 2014 BETWEEN Thota Rajyalakshmi AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Social Welfare appearing for respondent No.1, learned Government Pleader for Revenue appearing for respondent Nos.2 to 5, and Mr. P. Lakshma Reddy, learned counsel for respondent No.6.
2. By order of the District Collector, dated 24.12.2013, the caste certificate of the petitioner, as belonging to ST, was enquired into by the District Level Selection Committee, Nellore, and as per their recommendations, the caste certificate obtained by the petitioner, as belonging to ST Caste, was cancelled. Petitioner has preferred an appeal against the said order before respondent No.1 on 05.09.2014 along with a request for interim relief.
3. Though the appeal was filed hardly five days back, the present writ petition is moved citing urgency in view of the memo issued by the employer of the petitioner i.e., respondent No.6 herein, dated 27.08.2014 requiring the petitioner to show cause why she should not be dismissed from service in view of the order of cancellation of caste certificate. The said notice requires the petitioner to show cause against the said proposed action within 15 days from the date of receipt of the memo. Petitioner submits that since the said 15 days period is about to expire, there is urgency in taking up at least the interim application filed along with the appeal.
4. Since the writ petition is moved hardly after five days of filing of the appeal, I do not see any inaction, as such, on the part of respondent No.1 so as to entertain the present writ petition. However, keeping in view that the petitioner is under the threat of dismissal from service, it would be necessary for respondent No.1 to pass appropriate orders at least to the extent of interim application of the petitioner.
5. Learned Government Pleader for Social Welfare appearing for respondent No.1 fairly states that he will advice respondent No.1 to take up the appeal and pass appropriate orders at least on the stay petition.
In view that, the writ petition is disposed of directing respondent No.1 to consider and pass appropriate orders at least to the extent of the stay petition filed along with the petitioner’s appeal bearing No.8578/5/9/14, preferably within a week from today. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 10, 2014
Note:
Furnish copy by today.
{B/o}LMV