Telangana High Court
Vankar Raj Karan vs M. Qamaruzzama on 3 October, 2023
Bench: P.Sree Sudha
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
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
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
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
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
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
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
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
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
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.
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
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
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
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
APPEAL SUIT No.476 of 2008
DATE: 03.10.2023
TRI
