THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.28007 of 2011 Date:21st October, 2011 Between: Chinta Ravindra Babu S/o.Appala Swamy ….Petitioner and 1.Governemnt of A.P., rep. by Principal Secretary, Social Welfare Department, Secretariat, Hyderabad & Ors. ….Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.28007 of 2011 ORDER: This Writ Petition has been filed by Chinta Ravindra Babu seeking mandamus declaring the action of the Regional Joint Director, Education Department, Visakhapatnam-2nd respondent and the District Educational Officer, Visakhapatnam-3rd respondent in initiating steps to terminate him from service as illegal and arbitrary. 2. The petitioner claims that he belongs to the Scheduled Tribe community. He based the certificate issued by the Mandal Revenue Officer, Araku Valley, Visakhapatnam, to claim the status of the Scheduled Tribe. A complaint came to be presented against the petitioner alleging that he does not belong to the Scheduled Tribe community. The District Level Scrutiny Committee conducted enquiry and submitted a report. Basing on the report, the Collector and District Magistrate, Visakhapatnam-2nd respondent issued notification cancelling the certificate issued in favour of the petitioner. The petitioner filed an appeal before the Government of Andhra Pradesh, rep. by the Principal Secretary, Social Welfare Department, Hyderabad-1st respondent, on 16.05.2011. He also moved an application seeking suspension of the order, dated 02.05.2011 passed by the Collector and District Magistrate, Visakhapatnam-2nd respondent. The 1st respondent neither taken up the appeal nor the suspension petition. Whereas, the respondents 3 and 4 are contemplating to terminate the services of the petitioner basing on the notification, dated 20.04.2011, issued by the Collector and District Magistrate, Visakhapatnam-2nd respondent. Hence, this Writ Petition with the prayer stated supra. 3. When the Writ Petition came up for admission, the Government Pleader for Social Welfare takes notice on behalf of the respondents 1 to 4. 4. The factual aspect of the pendency of the appeal presented by the petitioner before the 1st respondent is not controverted by the learned Government Pleader for Social Welfare. 5. In that view of the matter, the Writ Petition is disposed of at the admission stage, directing the 1st respondent to consider the appeal presented by the petitioner assailing the order, dated 02.05.2011, passed by the Collector and District Magistrate,Visakhapatnam-2nd respondent and pass appropriate orders. Till the disposal of the appeal or the stay application, whichever is earlier, by the appellate authority-1st respondent, there shall be status quo existing as on this day with regard to the status of the petitioner. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:21st October, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.28007 of 2011 Date:21st October, 2011