A Pavan Kumar S/ O. A. Mogulal, v. The Chairman, State Level Police Recruitment

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N. BALAYOGI WRI T PETI TI ON No. 41101 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioners are the applicants in O.A.No.4283 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. By order dated 13.07.2015, the Tribunal closed the O.A. taking note of the fact that the District Collector, Mahabubnagar, vide proceedings dated 26.06.2015 issued a declaration with regard to the caste status of Sri K. Sai Kumar, Sri A. Pavan Kumar and Smt. Swapna, the applicants therein. The Tribunal accordingly directed the authorities to appoint the applicants as Police Constables keeping in view their caste status as declared by the District Collector, Mahabubnagar. Seeking implementation of this order, the present writ petition was filed.

Despite several adjournments, the State and its Officers have not chosen to file a counter.

However, learned Government Pleader for Services (Telangana) fairly concedes that no writ petition has been filed challenging the aforestated order and the review petition filed before the Tribunal in relation thereto became redundant after the abolition of the Tribunal insofar as the State of Telangana is concerned. Sri S. Krishna Sharma, learned counsel for the petitioners, would state that the District Collector, Mahabubnagar, addressed communication dated 31.05.2016 to the State Level Police Recruitment Board, Telangana, confirming the caste status of the petitioners. In the light of the aforestated facts, we are of the opinion that it is not open to the State and its authorities to ignore the order passed by the

Tribunal which appears to have attained finality. That apart, there is no indication of the State having taken any steps in relation to the declaration of the caste status of the petitioners by the District Collector, Mahabubnagar.

That being so, the Writ Petition is allowed. The respondents shall duly implement the order dated 13.07.2015 passed by the Tribunal in O.A.No.4283 of 2014 and appoint the applicants as Police Constables if they are otherwise eligible, keeping in view their declared caste status as members of a Scheduled Tribe. This exercise shall be completed expeditiously and, in any event, not later than four weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J ______________________ N. BALAYOGI , J Date: 07.02.2017 va