GOVERNMENT OF ANDHRA PRADESH Vs. PAGADALA KHALI KANTHI

JUDGEMENT

(1.) WP. No. 20829 of 2007 is filed by the State of Andhra Pradesh aggrieved by the order of the Andhra Pradesh Administrative Tribunal in O.A. No. 3787 of 2007 dated 08.08.2007 whereunder O.A. No. 3787 of 2007 filed by the respondent herein was allowed by the tribunal directing the State to issue appointment order to the respondent herein for the post of Deputy Registrar of Cooperative Societies within a period of four weeks from the date of receipt of the order, as she was selected by the Andhra Pradesh Public Service Commission (APPSC).

(2.) The State has assailed the aforesaid order, primarily, on the ground that the social status certificate produced by the respondent in support of her claim that she belongs to Konda Kapu caste and as such is recognized Schedule Tribe (ST), is itself fraudulent and incorrect. In other words, therefore, the State denied her claim that she belongs to Konda Kapu caste and notwithstanding her selection by APPSC for Group I services under the Government of AP to the post of Deputy Registrar of Cooperative Societies; the appointment order in her favour was not issued. The aforesaid claim of the Government is based upon the verification report by the Commissioner of Tribal Welfare dated 04.06.2007 and communicated to the Collector and District Magistrate, Hyderabad District vide letter of the Commissioner bearing Rc. No. 276/17/2007TRI/VC-7 dated 04.06.2007. The said Commissioner of Tribal Welfare was requested by the Commissioner for Cooperation and Registrar of Co-operative Societies, AP, Hyderabad to verify the social status claim of the respondent, who was selected under the ST quota by APPSC for the post of Deputy Registrar. As stated above, based on the said report, the respondent was denied orders of appointment, whereupon she had approached the tribunal vide O.A. No. 3787 of 2007 referred to above. The respondent had sought a direction from the tribunal to declare the action of the third respondent in OA (Commissioner for Co-operation and Registrar of Co-operative Societies, AP) in not issuing appointment order to her as Deputy Registrar of Co-operative Societies, in spite of her selection by APPSC, as arbitrary and unjust. Under the impugned order, the tribunal has allowed the said OA, correctness of which is subject matter of this writ petition.

(3.) While admitting the writ petition, this Court had issued interim direction on 04.10.2007, which is as follows: