APHC010122042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6158/2025 Between: M.Srinivasulu ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “ …. to issue writ, order or direction, more particularly, a Writ of Mandamus declaring the action of 1st Respondent in not numbering, adjudicating and disposing of the appeal filed by the Petitioner under Section 72 of the Andhra Pradesh (Scheduled Castes Schedule Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 before the 1st Respondent, as highly illegal, arbitrary and violative of Articles 14, 16, 19 and 21 of the Constitution of India and consequently, direct Respondent No.1 to number and decide the appeal expeditiously in a time bound manner …..” 2 CGR, J. W.P.No.6158 of 2025 2. Petitioner was appointed under S.T. category in 6th respondent Corporation as Assistant Engineer on 18.08.2000. Petitioner was issued caste certificate recognizing him as “Kammara” community, which is notified Scheduled Tribe in terms of the Scheduled Castes and Scheduled Tribes List (Modification) Order, 1956. After serving for more than 24 years, based on a third-party complaint, enquiry was initiated with respect to genuineness of caste certificate produced by the petitioner. After conducting enquiry, the 2nd respondent, by proceedings, dated 25.10.2023, ordered for cancellation of caste certificate issued in favour of petitioner. Aggrieved by the same, petitioner preferred appeal before 1st respondent on 20.11.2023. Along with appeal, petitioner also filed interlocutory application seeking suspension of order, dated 25.10.2023, passed by the 2nd respondent. Though, Appeal and I.A. were filed way back in the month of November, 2023, so far, the same have not been taken on file and numbered, leave alone hearing of the appeal. 3. Heard Sri K.S. Murthy, learned senior counsel, assisted by Sri Dheera Kanishka, learned counsel for the petitioner, and learned Assistant Government Pleader for Services-II appearing for the respondents. 3 CGR, J. W.P.No.6158 of 2025 4. Sri K.S. Murthy, learned senior counsel, appearing on behalf of the petitioner, submits that petitioner was appointed as Assistant Engineer way back in the year 2000 based on the caste certificate, however, doubting the genuinity, on enquiry, it was recommended for cancellation vide order, dated 25.10.2023, issued by the 2nd respondent, in as much as petitioner has already put in considerable service, unless the order passed by the 2nd respondent is suspended pending Appeal, petitioner would be exposed to disciplinary action, including removal from service. Though Appeal along with I.A. were filed way back in the month of November, 2023, the same have not been entertained and considered by the 1st respondent so far. 5. Learned Assistant Government Pleader for Services-II appearing for the respondents sought time on 12.03.2025 to get instructions regarding pendency of appeal, however, today, once again he sought further time, as no instructions were furnished to him, at any rate, he submits that the appellate authority would consider the appeal and decide the matter on merits. 6. Since the appeal is preferred in the month of November, 2023 along with stay application, instead of appellate authority deciding stay application once again before concluding the hearing of appeal, 4 CGR, J. W.P.No.6158 of 2025 this Court feels appropriate to direct the appellate authority to decide the very Appeal itself within a period of 4 (four) months from the date of receipt of a copy of this Court, after hearing the petitioner. Until the Appeal is decided, the order impugned in the Appeal shall stand suspended. 7. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:19.03.2025. cs