THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 32978 of 2022
ORDER:
This writ petition has been filed by the petitioner seeking a writ of certiorari calling for the records in relation to the orders passed by the respondent No.1 in G.O.Ms.No.20, Tribal Welfare (LTR) Department, dated 11.07.2022 filed against the orders passed by the District Collector in Proceedings No.C1/3056/2016, dated 13.01.2020 cancelling the caste certificate of the petitioner i.e., ST (Yanadi) and to declare the orders passed by the District Magistrate and District Collector dated 13.01.2020 and the orders passed in G.O.Ms.No.20 Tribal Welfare (LTR) Department, dated 11.07.2022, as illegal, arbitrary, unconstitutional and contrary to the judgments of Hon'ble Supreme Court reported in 2001(1) SCC 4 and the Constitutional Bench in 2012 (1) SCC 549 and consequently to declare that 2 PMD,J W.P.No.32978 of 2022 the petitioner is entitled for pension and retirement benefits in the interests of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of the present writ petition are that the petitioner claim that his ancestors belonged to ST (Yanadi) community of Bapatla area. It is stated that about 200 years ago, his forefathers migrated to Hyderabad and that the petitioner was born and brought up in Hyderabad and studied from 1966 to 1971 at Jawahar Bala Sadan Vidyalaya, Chikkadapally, Hyderabad and that the bonafide certificate to that extent has been issued by the school authority, in which the petitioner's community status is mentioned as ST (Yanadi). It is submitted that on 08.05.2017, the Tahasildar has issued community and date of birth certificate stating that the petitioner belongs to Yanadi ST Community. Thereafter, petitioner was appointed as a 3 PMD,J W.P.No.32978 of 2022 Watchman in the 4th respondent College under the reserved category in the year 1999, on the basis of a caste certificate issued by the Tahsildar, Amberpet Mandal and was working as such.
3. It is submitted that one K.Venkata Narayana, State President, Jana Sankshema Sangham allegedly filed a complaint on 19.08.2016 stating that the petitioner obtained false ST Certificate and obtained employment on the basis of such a certificate. Therefore, the matter was referred to the Principal, ITI Mallepally, for verification of records. The Principal, ITI Mallepally, reported to the District Collector on 20.10.2016 that the petitioner was appointed as a Watchman under the last grade services through District Employment Exchange under ST quota on 22.06.1999. Thereafter, the Commissioner, Tribal Welfare asked the petitioner to appear with documentary evidence and the petitioner has produced all the required certificates. The 4 PMD,J W.P.No.32978 of 2022 Commissioner, Tribal Welfare, vide his report dated 07.03.2017, observed that the traditional habitation of Yanadi tribe is Nellore, Chittor, Guntur, Krishna, Kadapa and Prakasam and since the petitioner is living in Hyderabad and could not prove that his parents migrated from Bapatla, Guntur District, he opined that the petitioner is not a traditional habitant of Yanadi. Therefore, the petitioner's case was referred to District Level Scrutiny Committee (DLSC) for enquiry and thereafter, the Tahasildar has submitted a report stating that the petitioner belongs to BC(A), Mandula Community. The District Level Scrutiny Committee (DLSC) directed the petitioner to appear before them and submit all the relevant documents and on 12.07.2017, the DLSC held that the petitioner has obtained ST (Yanadi) Certificate fraudulently and entered into Government Service by utilizing ST quota. On the ground that the petitioner could not establish that his ancestors 5 PMD,J W.P.No.32978 of 2022 migrated from Bapatla, Guntur District, the committee held the issue against the petitioner.
4. Learned counsel for the petitioner submitted that the committee did not give any credence to the school record as the basis for determining the community of the petitioner and has given more weightage to the local enquiry conducted by the Tahsildar, Amberpet and report submitted by the said authorities on 25.05.2017, which was obtained behind the back of the petitioner without giving him any opportunity of representation and therefore, there is a violation of principles of natural justice. It is stated that thereafter, a show cause notice was given by the District Collector, asking the petitioner to show cause as to why the caste certificate should not be cancelled by the District Collector. It is submitted that the objections/comments of the petitioner on the report of the DLSC was not called for and District Collector has unanimously and arbitrarily taken a decision to cancel 6 PMD,J W.P.No.32978 of 2022 the community certificate issued by Tahasildar vide proceedings dated 13.01.2020. It is submitted that against the same, the petitioner has filed an appeal before the respondent No.1 by raising various grounds, but without considering any of them, the respondent No.1 has dismissed the appeal, against which, the present writ petition has been filed.
5. It is submitted that the Hon'ble Supreme Court in the case of Maharashtra Vs. Milind and Others1, has declared that the benefit acquired under the caste certificate issued by the competent authority after a period of time cannot be taken away and accordingly, in the case of the petitioner also the benefits granted to the petitioner almost 25 years ago cannot be taken away. It is submitted that the petitioner had entered into service in the year 1999 as a Watchman and retired from service on attaining the age of superannuation of 61 years i.e., in March, 2022 and that the petitioner has rendered 23 1 (2001) 1 SCC 4 7 PMD,J W.P.No.32978 of 2022 years of service and was retired from service thereafter and therefore, he shall not be denied the benefits of this long service only on the ground that the caste certificate of the petitioner has been cancelled at the fag-end of his service after 23 years of service. It is submitted that when the District Collector had issued a show cause notice dated 13.01.2020, the petitioner had filed Writ Petition No.7424 of 2020 before this Court and this Court had directed the respondents not to take further action based on the show cause notice till the disposal of the appeal. It is submitted that only on the ground that the orders of this Court were not communicated to the respondents, the petitioner was removed from service on 20.08.2020 and thereafter, on 03.09.2020, the said order was withdrawn and subsequently, the petitioner continued in service till the date of his retirement, on attaining the age of superannuation. He therefore, prayed that Writ of Certiorari may be issued and the orders of the District Collector dated 13.01.2020 8 PMD,J W.P.No.32978 of 2022 cancelling the caste certificate of the petitioner be set aside.
6. Learned counsel for the petitioner has drawn the attention of this Court to the G.O.Ms.No.20 Tribal Welfare (LTR) Department, dated 11.07.2022, wherein after reproducing the contentions of the District Collector and also the petitioner herein at length, the appeal has been dismissed in one paragraph and therefore, according to the learned counsel for the petitioner, there is no application of mind by the respondent No.1 and hence the said order has to be set aside. He further submitted that since the petitioner has rendered 23 years of service and it is only after retirement of service that the caste certificate has been cancelled, the petitioner should be given all the retirement benefits as per his entitlement. For this proposition, he placed reliance upon the judgments of the Hon'ble Supreme Court in the case of State of Maharashtra Vs. Milind 9 PMD,J W.P.No.32978 of 2022 and Others (cited supra) and also in the case of Dattu, S/o.Namdev Thakur Vs. State of Maharashtra and Others2.
7. Learned Government Pleader for Social Welfare supported the impugned orders and submitted that the petitioner has obtained the ST Yanadi caste certificate fraudulently and therefore, the benefits enjoyed by the petitioner cannot be continued. It is submitted that in view of the fact that the caste certificate has been cancelled, the petitioner should not be given any further benefit of pensionary benefits and therefore, he prayed for dismissal of the writ petition.
8. Having regard to the rival contentions and the material on record, this Court finds that the petitioner's caste certificate was issued while he was in school and the school records clearly demonstrate that it was recorded as ST (Yanadi) community. At the time of the 2 (2012) 1 SCC 549 10 PMD,J W.P.No.32978 of 2022 issuance of certificate itself, there is bound to be an enquiry and no doubt was raised at that stage as regards the social status of the petitioner. It is seen that it is only at the behest of a person who complained about the petitioner obtaining false caste certificate, that the enquiry has been initiated and only on the ground that the petitioner could not prove that his forefathers or ancestors have migrated from Bapatla Town to Hyderabad, the ST certificate of the petitioner has been cancelled.
9. As seen from the appellate order, the petitioner has raised many grounds and has putfourth almost 19 points for arguments, but the respondent No.1 has not considered any of them, but has summarily rejected the appeal of the petitioner by one single and a brief paragraph. On this ground alone, the impugned order is liable to be set aside. Even on merits, this Court finds that the petitioner has been enjoying the community 11 PMD,J W.P.No.32978 of 2022 certificate and his school records also shows the social status as ST (Yanadi) and this has never been doubted by any of the authorities till a complaint has been lodged against him. There is a procedure laid down under the Telangana (SC, ST & BC's) Issuance of Community, Nativity and Date of Birth Certificate Rules, 1997, whereunder the verification has to be done by the officials of Revenue as well as Social Welfare Departments. Since the said procedure does not seem to have been followed in the present case, this Court is inclined to set aside the order dated 13.01.2020. Since the ST caste certificate has been restored to the petitioner, the respondents are directed to make payment of pension and other retirement benefits to the petitioner as expeditiously as possible i.e., within a period of three months from the date of receipt of a copy of this order.
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PMD,J W.P.No.32978 of 2022
10. This writ petition is accordingly allowed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date: 28.12.2022 bak 13 PMD,J W.P.No.32978 of 2022 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.No. 32978 of 2022 Dated: 28.12.2022 bak