N. Rajagopal Naidu v. The Andhra Pradesh State Road Transport Corporation,

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39314 of 2012 Date: 18.04.2017 Between:

N Rajagopal Naidu S/o late N.Subbanna, Aged 53 years, R/o H.No.14-540-1, T.N.Nagi Reddy Street, Madanapalli, Chittoor District.

.....Petitioner and The Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad, rep.by its Managing Director and another.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39314 of 2012 ORDER:

Petitioner secured employment in the respondentCorporation as 'Kalasi' against vacancies reserved for Scheduled Tribe categories. Petitioner claimed as belonging to 'Yerukula', which is Scheduled Tribe community. It appears, the District Collector issued proceedings against the petitioner and cancelled the Caste Certificate earlier issued to him holding that he does not belong to 'Yerukula' caste. Based on the material available with the Revenue Authorities, disciplinary proceedings were initiated against the petitioner. Petitioner was served charge memo. It contained two charges. Sum and substance of the allegation in the first charge is, petitioner secured job as 'Kalasi' under reservation quota by submitting bogus Caste Certificate though he belongs to BC - 'EKILA' and sum and substance of the allegation in the second charge is, petitioner cheated the Corporation by submitting bogus Caste Certificate.

2.

Disciplinary action resulted in removal from service. On account of interim order granted by this Court, petitioner continued in service and also earned promotion. 3.

Learned counsel for petitioner submits that based on the material on record, Government issued orders in G.O.Ms.No.38 Social Welfare (CV2) Department, dated 01.03.2014. By the said orders, Government set aside the order of District Collector canceling the Caste Certificate issued to the petitioner and allowed the appeal. The Government declared that petitioner belongs to ST- 'Yerukula' community. In view of the decision of the

Government holding that petitioner belongs to ST- 'Yerukula', it cannot be said any more that petitioner has produced false Caste Certificate and by giving false declaration as belonging to 'Yerukula', secured employment. In view of the Government decision, the order impugned is liable to be set aside and is accordingly set aside. Petitioner is entitled to all consequential benefits.

4.

Writ petition is allowed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 18.04.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.39314 of 2012 Date: 18.04.2017 kkm