IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HON’BLE SRI JUSTICE V.ESWARAIAH & HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO.3375 OF 2007 DATE:21.12.2009 Between: B. Sudershan Rao …… Petitioner And: The Project Officer, Integrated Tribal Development Agency, Ramapachodavaram, E.G. District and another …..Respondents. HON’BLE SRI JUSTICE V.ESWARAIAH & HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO.3375 OF 2007 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner herein is the applicant before the A.P. Administrative Tribunal, Hyderabad in O.A.No.4281 of 2004. He filed the said application against the order of the 1st respondent herein in Rc.No.71/1490/1993 dated 07.06.2004 terminating him from the services as Physical Educational Teacher on the premise that he could not produce the fresh caste certificate. It is stated that the petitioner was appointed vide proceedings in Rc.No.T1/1490/93 dated 06.03.2000 by the 1st respondent and joined the duty as such on 07.03.2000 at Ashramam U.P.School, Kakawada of Rampachodavaram Mandal, East Godavari District based on the caste certificate produced by him. It is stated that the petitioner belongs to Valmiki caste and in Rampachodavaram area of E. G District, the caste of ‘Valmiki’ is recognised as schedule tribe. It is further stated that at the time of appointment, he was asked to produce the fresh caste certificate within two months, but the petitioner was not able to produce the caste certificate even after lapse of four years and therefore he was terminated from the services under rule 10(e) of the A.P. State and Subordinate Services Rules by the proceedings dated 07.06.2004. The said order was questioned before the A.P. Administrative Tribunal, Hyderabad in O.A.No.4281 of 2004 as illegal and arbitrary and also to pay the consequential benefits of back wages, continuity of service and all other attendant benefits on reinstatement. The Tribunal by its order dated 16.02.2005 set aside the termination proceedings of the petitioner by directing the respondents to reinstate the petitioner into service and consequently the OA was disposed of. The Tribunal did not make any observation about the consequential benefits of back wages, continuity of service and all other attendant benefits. It is stated that pursuant to the said order of the Tribunal, the petitioner was reinstated into service vide orders of the 1st respondent dated 20.11.2005 in Rc.T1/1490/1993, but the wages of the petitioner from the date of his termination till the date of his reinstatement was not paid. Aggrieved by the said action of the Tribunal in not granting the relief of consequential benefits of back wages, continuity of service and all other attendant benefits, this writ petition is filed on the ground that when the Tribunal rightly found that he is entitled to reinstatement based on the caste certificate produced by him and he was terminated for no fault of him on the ground that fresh caste certificate was not produced. It is further stated that the fresh caste certificate was not issued in his favour on the ground that some litigation was pending on the file of this Court with regard to the status of ‘Valmiki’ caste whether they belong to the schedule tribe or not. It is stated that after the said dispute was resolved before this Court, the Mandal Revenue Officer, Meredumalli where the ancestors of the petitioner were residing, caste certificate was issued in favour of the petitioner vide Caste certificate No.183235/D.Dis. (C) 615/2001 dated 27.11.2004 stating that the petitioner belongs to ‘Valmiki’ caste and belong to schedule tribe. The Tribunal basing on the said caste certificate dated 27.11.2004 set aside the termination proceedings of the petitioner and directed the respondents to reinstate the petitioner into service. It is the case of the respondents that the matter has been placed before the District Level Scrutiny Committee with regard to caste certificate produced by the petitioner for verification of the social status of the petitioner and in view of the orders of the Tribunal, the petitioner was reinstated into service temporarily with a condition that his services will be terminated at any time without assigning any reasons in case the caste certificate produced by the petitioner is found not genuine. The petitioner sought for consequential relief of benefit of back wages, continuity of service and all other attendant benefits. Admittedly the petitioner was appointed for the post of Physical Education Teacher basing on the caste certificate produced by him. As long as that caste certificate is not cancelled by the competent authority, there cannot be any justification on the part of the respondents in terminating the services of the petitioner. However, as directed by the respondents to produce the fresh caste certificate, the petitioner made several attempts to get the fresh caste certificate from the Mandal Revenue Officer, Rampachodavaram of E.G. District, but the said Mandal Revenue Officer was not able to issue the same to the petitioner on the ground of pending litigation before this Court with regard to status of ‘Valmiki’ caste whether it belongs to schedule tribe or not. It is not in dispute that the petitioner applied for issuance of caste certificate to the Mandal Revenue Officer, Rampachodavaram, E.G. District but the Mandal Revenue Officer requested the petitioner to apply it before the Mandal Revenue Officer Meredumalli where the ancestors of the petitioner were residing and accordingly the petitioner applied to the Mandal Revenue Officer, Meredumalli and the said M.R.O issued the caste certificate to the petitioner and basing on that caste certificate only, the A.P. Administrative Tribunal, Hyderabad allowed the O.A. of the petitioner. The petitioner initially was appointed basing on the caste certificate produced by him and again the fresh caste certificate was also issued subsequently and therefore, it cannot be said that the petitioner is at fault in not producing the fresh caste certificate immediately after his appointment. When he was appointed basing on the caste certificate produced by him and until the said caste certificate is cancelled, it cannot be said that the petitioner does not belong to the Schedule Tribe and that he is not entitled to be continued in the service. Therefore, we are of the opinion that the petitioner is also entitled for the consequential benefits of back wages, continuity of service and all other attendant benefits from the date of termination of service till the date of reinstatement as the petitioner was kept out of service for no fault of him. The respondents are directed to pay the back wages to the petitioner from the date of termination of his service till the date of reinstatement with continuity of service. However, it is always open for the respondents to take appropriate action against the petitioner in case the District Level Security Committee or the competent authority finds that the caste certificate produced by the petitioner is not genuine. Accordingly the writ petition is allowed. There shall be no order as to costs. _________________ V.ESWARAIAH,J ___________________________________ SAMUDRALA GOVINDARAJULU,J. Date:21.12.2009. Gk. HON’BLE SRI JUSTICE V.ESWARAIAH & HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO.3375 OF 2007 (per Hon’ble Sri Justice V. Eswaraiah) DATE:21.12.2009 GK.