THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
APPEAL SUIT No.476 of 2008
JUDGMENT:
This Appeal Suit is filed against the Judgment and Decree dated 28.09.2006 in O.S.No.4 of 2002 passed by the learned II - Additional District Judge, Warangal.
2. One Vankar Raj Kiran/appellant filed a suit in O.S.No.4 of 2002, for damages against the respondents/defendants claiming compensation of Rs.10,01,150/-. The plaintiff himself was examined as P.W1 and also got examined P.W.2 on his behalf and marked Exs.A1 to A56. The defendant No.1 was examined as D.W.1 and marked Exs.B1 to B31 on behalf of the defendants. The trial Court considering the oral and documentary evidence of both sides dismissed the suit without costs. Aggrieved by the said Judgment, plaintiff therein preferred the present appeal.
3. The learned Counsel for the appellant/plaintiff mainly contended that due to delay in issuing orders to the appellant/plaintiff, he lost his employment as conductor in A.P.S.R.T.C, as such he is entitled for damages, but the trial Court failed to consider the same. He sustained lot of mental 2 agony and harassment. The trial Court did not decide the issue properly in spite of having ample evidence with relevant documents and thus requested the Court to set aside the Judgment of the trial Court.
4. The parties herein are referred as plaintiff and defendants as arrayed in the trial Court for the sake of convenience.
5. The plaintiff in the suit stated that he filed an application before the Mandal Revenue Officer (M.R.O), Hanamkonda on 28.12.1995 along with a copy of 'Arekatika' caste certificate issued by the Thasildar, Warangal with all other enclosures for the purpose of issuance of latest caste certificate to apply for the post of Conductor Grade-II in APSRTC as per the notification issued in December, 1995, but the same was returned without furnishing any remarks. Again he filed an application before the District Collector, Warangal on 05.02.1996 and also to the Revenue Divisional Officer, Warangal on 06.02.1996. Both applications were referred to defendant No.1 vide Orders dated 06.04.1996. As the last date for submitting the application was fast approaching, he filed another application before defendant No.1 by way of registered post on 16.04.1996 and also on 16.08.1996 and the same was received by defendant No.1 while 3 he was discharging his duties as defendant No.2 at Hanamkonda. He visited defendant No.1 personally and requested for issuance latest caste certificate, but he demanded to fulfill his desire, but he refused, as such he intentionally not issued caste certificate to him. The plaintiff filed a complaint before the Lokayuktha of Andhra Pradesh, Hyderabad, vide complaint No.1975/1996 and the same was disposed of with a direction "persons who speak Marathi language, comes under 'Arekatika' caste", against which he preferred an appeal before the Lokayuktha and Upalokayuktha vide Memo No.1975/1996- B1 in No.11694/1998. By Order dated 17.09.1998, Lokayuktha directed him to approach the Hon'ble High Court, as such he filed W.P.No.14071 of 1997 before the Hon'ble High Court, and the High Court by Order dated 05.08.1997, directed the M.R.O, Hanamkonda to consider the application for issuance of caste certificate as expeditiously as possible.
6. In pursuance of the above Order dated 05.08.1997, plaintiff filed an application before defendant No.1 with a copy of the said Order on 20.08.1997, but defendant No.1 failed to comply the same, as such he filed Contempt of Court proceedings in C.C.No.1072 of 1998 against the defendant No.1 and also against the M.R.O Warangal. The Hon'ble High Court 4 directed them to issue caste certificate within one week from the date of receipt of copy of the Order dated 31.12.1998. He also filed another application on 11.01.1999 along with a copy of the Order dated 31.12.1998, but defendants issued the certificate by mentioning his caste as 'Katika' instead of 'Arekatika' on 18.01.1999 and thus he filed another writ petition in W.P.No.3009 of 1999 and the Hon'ble High Court by Order dated 17.02.1999, directed him to file an application to avail all appeal remedies before the District Collector, Warangal i.e., defendant No.3, as such he filed an application before defendant No.3 and by Order dated 22.11.1999, defendant No.3 directed the M.R.O, Warangal to issue 'Arekatika' caste certificate to plaintiff.
7. After such a long process, on 29.12.1999, defendant No.1 issued 'Arekatika' certificate on a locally available loose paper format without the photo of plaintiff though the printed and numbered format certificates are available with an endorsement on the certificate. The defendant No.1 ignored the G.O.Ms.No.58, Social Welfare (J) Department, dated 12.05.1997, while issuing the caste certificate to plaintiff, as a result, he lost his benefits of job in A.P.S.R.T.C. He filed another application before the IV - Revenue Sadassu on 25.06.1999 for 5 issuance of 'Arekatika' caste certificate and also went to the office of the defendant No.1 on 30.12.1999 to get his caste certificate in the prescribed proforma, but defendant No.1 necked him out. The plaintiff got issued legal notice on 14.08.2000 to the M.R.O, Warangal as it was separated from M.R.O, Hanamkonda, claiming damages of Rs.10,00,000/-, but reply was given inappropriately and thus he approached the Court by enclosing the relevant documents.
8. Plaintiff in his Cross-examination stated that at the time of giving application, defendant No.1 was not working as M.R.O of Hanamkonda, at that time one A.Nagendra was working as M.R.O of Hanamkonda. He admitted that he speaks only Telugu and he did not know Marati. He also admitted that 'Arekatika' and 'Katika' both are in Serial No.2 Group-D of the B.C caste. He filed an application for employment in A.P.S.R.T.C, but he has not filed any notification issued by the A.P.S.R.T.C. His date of birth is 01.01.1953 and as on the date of application, he was aged about 43 years. It was suggested to him that the age limit for the said post was only 33 years, but he stated that he did not know the same. He also admitted that he has not filed any application to show that his application was rejected. He further admitted that he received a memo from M.R.O, Hanamkonda 6 dated 28.08.1997, in which it was mentioned that he can obtain caste certificate on any working day during office hours. He further stated that he obtained caste certificate from M.R.O, Jangaon in the year 1982. Though he produced the same in the R & B Department, he did not get the job. He admitted his signature in the statement dated 19.01.1997, but disputed the contents of it. He further admitted that his Advocate received reply notice on 31.08.2000 and 03.05.2000. He further admitted that he appeared S.S.C in the year 1973-74, but passed in the year 1982. He also stated that his children's caste was mentioned as 'Arekatika' in the school records. He further stated that he never lived in Jangaon, but his elder sisters were residing in that place. He also stated that M.R.O, Warangal had issued caste certificate by mentioning his caste as 'Katika' on 19.01.1999.
9. P.W.2 supported the contention of P.W.1. In his Cross-examination, he stated that except the incident at M.R.O Office on 30.12.1999, other facts are hear say. He stated that he has no acquaintance with P.W.1 except on the date of incident at the office of M.R.O. He also stated that he did not know that one day prior to the incident P.W.1 obtained the caste certificate 7 from the M.R.O office. He stated that on 30.12.1999, he came to M.R.O office to take permanent caste certificate.
10. D.W.1 stated that he joined in the office of M.R.O, Hanamkonda on 23.03.1996, as such he did not receive any application on 28.12.1995. He further stated that during his enquiry on 19.01.1997, P.W.1 stated that when he approached the M.R.O's office at Hanamkonda in the month of December, 1995, his application was not received and he was informed that certificate will be issued to him, as such his application was remained with him. Later he submitted the same to the Lokayuktha. He also stated that applications given to the District Collector, R.D.O Warangal and M.R.O Hanamkonda were processed for enquiry. As per the enquiry report dated 26.03.1996 of Mandal Revenue Inspector, Hanamkonda, P.W.1 belongs to 'Katika' caste but not 'Arekatika' caste and he further stated that P.W.1 by misrepresenting the facts obtained certificate from M.R.O, Jangoan on 03.03.1992, as such they gave caste certificate on 20.01.1997 by mentioning his caste as 'Katika' and asked him to collect the same, but he has not collected it, as such they have sent it through registered post, but P.W.1 refused to receive the same. Later he approached Lokayuktha and then the Hon'ble High Court. When the Hon'ble 8 High Court directed the M.R.O, Hanamkonda to issue caste certificate to P.W.1, he was informed vide memo No.D1/83/97 dated 28.08.1997 that caste certificate was already issued to him on 20.01.1997 itself by mentioning his caste as 'Katika', but he refused to receive the same when it was sent to him through the village servant and they also informed to P.W.1 that he can collect the same from the office on any working day during office hours and it was acknowledged by him on 03.09.1997.
11. P.W.1 again approached the Hon'ble High Court by filing contempt of court proceedings and the High Court directed them to issue another certificate, accordingly they issued another certificate in original on 18.01.1999 and the same was received by him on 19.01.1999. The District Collector issued a letter to the M.R.O, Warangal directing him to issue certificate to P.W.1 by mentioning his caste as 'Arekatika'. At that time, he was transferred from Hanamkonda to Warangal. According to the directions of the District Collector, certificate was issued to P.W.1 on 08.12.1999 in a printed format which was in regular use and sent to the address of P.W.1 through a registered post, but it was returned with an endorsement "Door was locked". Later P.W.1 received the said certificate on 29.12.1999 in 9 person. He also stated that due to heavy rains in the month of August, 1996, the house of P.W.1 was damaged and as per the direction of the District Collector, they have given ex-gratia relief to 48 victims including P.W.1. They have given Rs.500/- for the victims of fully damaged houses and Rs.200/- for the victims of partially damaged houses, but P.W.1 refused to receive the same, as it is a meager amount, as such requested the Court to dismiss the suit.
12. The main contention of the plaintiff is that when he intended to apply for the post of conductor in A.P.S.R.T.C, they asked for the latest caste certificate which was issued within six months prior to the date of notification, as such he gave application to the M.R.O, Hanamkonda on 28.12.1995 by duly enclosing a copy of the caste certificate issued to him on 14.10.1982 under Ex.A1, in which his caste was mentioned as 'Arekatika' under Group - D at Sl.No.2. As he was in hurry to get the latest caste certificate, he also gave applications simultaneously to the District Collector, Revenue Divisional Officer and also sent fresh applications to M.R.O, Hanamkonda. D.W.1 stated that all the applications were transferred to him for conducting enquiry. Accordingly, Mandal Revenue Inspector conducted enquiry and submitted the report on 26.03.1996, in 10 which he stated that when he enquired the local people, he came to know that P.W.1 belongs to 'Katika' but not 'Arekatika'. Plaintiff further stated that he obtained another caste certificate from M.R.O, Jangaon on 03.03.1992, but the said caste certificate of M.R.O, Jangaon was not filed before the Court, but the caste certificate enclosed by P.W.1 was issued by Tahsildar, Warangal on 14.10.1982, as such the contention of D.W.1 that he obtained the caste certificate from M.R.O, Jangaon in the year 1992 by misrepresenting the facts was not established. After conducting enquiry, the caste certificate was issued to P.W.1 on 20.01.1997 by mentioning his caste as 'Katika'. In the Lokayuktha proceedings, it was mentioned that the people who are talking Marati can be classified as 'Arekatika'. As P.W.1 did not know Marati and speaks only Telugu, he belongs to 'Katika' by caste. Another original caste certificate was issued on 18.01.1999 under Ex.B17 and the same was received by P.W.1 on 19.01.1999. The District Collector directed the M.R.O, Warangal to issue caste certificate by mentioning his caste as 'Arekatika' on 22.11.1999. As per the instructions of the District Collector, caste certificate was issued in the month of December, 1999 under Ex.B23 and acknowledgement was marked under Ex.B24.
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13. Admittedly, plaintiff has not filed the application submitted by him for the post of Conductor in A.P.S.R.T.C and he has not mentioned anywhere, the last date for applying to the said post to know whether the caste certificate was issued within time or not. The plaintiff filed suit for damages and it is for him to prove that loss was caused to him due to non issuance of the caste certificate within the time. In this case, plaintiff has not filed any document to show that he lost employment in A.P.S.R.T.C only due to non-issuance of the caste certificate that too by mentioning his caste as 'Arekatika'. No doubt, he requested for issuance of latest caste certificate by duly enclosing previous caste certificate of 1982, on enquiry caste certificate was issued, but the caste was mentioned as 'Katika' and he approached different forums including Lokayuktha and the Hon'ble High Court only to get the caste certificate that to by mentioning his caste only as 'Arekatika' and finally he got the certificate, but in the Order of the Lokayuktha, it was clearly mentioned that even if his caste was shown as 'Katika' no prejudice will be caused to him as it was also shown in the Group - D of serial No.2. Plaintiff filed several applications before several forums and several authorities to get caste certificate of his choice, but merely because he approached several authorities, he is not entitled for any 12 damages/compensation. It is for him to establish that due to non-issuance of the caste certificate within the time, he sustained irreparable injury or loss to his employment and also he became age barred, as such he remained unemployed. He has not filed the cut-off date for submitting the application and it is not his case that he was selected in A.P.S.R.T.C, but for non-submission of the caste certificate he could not get the employment. No doubt there was some negligence on the part of M.R.O, Warangal and Hanamkonda in issuing the certificate. Though he gave the application in the year 1995, they conducted enquiry in the year 1996 and issued certificate in the year 1997 that to by mentioning his caste as 'Katika' and later when plaintiff approached several forums including the Hon'ble High Court, basing on the directions of the District Collector again they issued caste certificate by mentioning his caste as 'Arekatika' in the year 1999, what is the basis for issuing the said certificate in the year 1999 was not explained anywhere. Perusal of the entire record shows that there was clear negligence on the part of M.R.O, Warangal and Hanamkonda in issuing the caste certificate immediately, though he mentioned the purpose for getting the latest caste certificate, as such plaintiff was compelled to run from pillar to post and incur huge expenses. Therefore, this Court finds that it is just and 13 reasonable to dismiss the appeal with a direction to defendants to pay costs of Rs.2,00,000/- to the plaintiff.
14. In the result, the appeal suit filed by the appellant/plaintiff is dismissed without costs. However, respondents/defendants are directed to pay costs of Rs.2,00,000/- (Rupees Two Lakhs only) to the
appellant/plaintiff within one month from the date of this Judgment and the amount can be paid from the office of the District Collector as he is vicariously liable for the acts of his employees.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ JUSTICE P.SREE SUDHA DATE: 03.10.2023 tri 14 THE HONOURABLE SMT. JUSTICE P.SREE SUDHA APPEAL SUIT No.476 of 2008 DATE: 03.10.2023 TRI