IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10662 of 2002 Between: Veenam Sreerama Murthy S/o. Venkata Ratnam Srikakulam, Srikakulam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Ministry of Tribal Welafre, Secretariat Buildings, Hyderabad. 2 FCI, Chairman & Managing Director, New Delhi. 3 The Food Corporation of India, Rep. by the Senior Regional Manager, Regional Office, HACA Bhavan, Nampally, Hyderabad. 4 The Food Corporation of India, Rep. by its District Manager, Srikakulam, Srikakulam District. 5 The District Collector, Kakinada, East Godavari District. 6 The Executive Director (South), Food Corporation of India, Zonal Office,Chennai. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus (a) declaring the order of the 4th Respondent vide reference C6/3658/97, dt. 16.2.2001 as arbitrary and wholly illegal (b) declare G.O.MS.No.51 SW (CV.II) Department dt. 1.6.2002 as issued in violation of Principles of natural justice apart form being void, arbitrary and illegal (c) Direct the Respondents to treat the Petitioner as belonging to a member of Bentho Oriya Community and allow him to continue in service until his retirement and pass such other orders. Counsel for the Petitioner: MR.ABHINAND KUMAR SHAVILI Counsel for the Respondents: MR.B. Anjaneyulu (SC FOR FCI) The Court made the following : ORDER: This writ petition is filed by the petitioner seeking declaration that the order dated 16.02.2001 passed by the 4th respondent vide reference C6/3658/97 is arbitrary and wholly illegal and G.O.Ms.No.51 SW(CV.II) Department, dated 01.06.2002 is void, arbitrary and illegal and also seeking direction to the respondents to treat the petitioner as a member belonging to Bentho Oriya Community and allow him to continue in service until his retirement. 2. Heard Sri Abhinand Kumar Shavili, learned counsel for the petitioner, and Sri B. Anjaneyulu, learned standing counsel for the Food Corporation. 3. According to the petitioner, he belongs to Bentho Oriya community, which is the Scheduled Tribe, and on the basis of reservations provided for the members belonging to the Scheduled Tribe, he was appointed as Assistant Grade-III (General) in the Food Corporation of India at Visakhapatnam as early as on 08.01.1976. During the course of his employment in the Corporation, somebody made a complaint to the authorities concerned to the effect that he does not belong to Bentho Oria community, and as such, he is not entitled to the benefits provided for to the members of the Scheduled Tribe. In response to the said complaint, a detailed enquiry was conducted by the Collector, East Godavari and after affording an opportunity to the petitioner, the Collector, East Godavari by order dated 16.02.2001 gave a finding that the petitioner does not belong to Bentho Oriya community. As against the said order, the petitioner preferred an appeal to the Government of Andhra Pradesh and the same was dismissed on 01.06.2002. The said order is under challenge in this writ petition. 4. Now, the petitioner has come forward with the present writ petition stating that after attaining the age of superannuation, he retired from service with effect from 31.01.2009 and thereafter he submitted an application to the 6th respondent on 25.04.2009 with regard to settlement of his retirement benefits. In that view of the matter, he seeks permission of this Court to withdraw the writ petition and also seeks an opportunity to approach this Court again, if the retirement benefits are not considered as per his representation dated 25.04.2009. 5. Accordingly, the writ petition is dismissed as withdrawn. However, the Executive Director (South), Food Corporation of India, Zonal Office, Chennai-6th respondent herein, is hereby directed to consider the representation of the petitioner dated 25.04.2009 and pass necessary orders, within a period of three months from the date of receipt of a copy of this order. It is made clear that in so far as the community of the petitioner is concerned, this Court is not inclined to give any finding and the finding arrived at by the Collector, East Godavari District as confirmed by the Government shall hold good. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J Date: 18.06.2009. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.10662 of 2002 (Dismissed as withdrawn) 18th June, 2009 CBS