ORDER :- The petitioner was employed as Khalasi in Traffic Department of Visakhapatnam Port Trust, on 28.9.1988. He secured that post, by claiming the status of Scheduled Tribe. The probation of the petitioner in that post was declared on 16.10.1989 and thereafter, he was promoted to the post of Tally Coupling Porter, Grade-II and his services were regularized in that post vide proceedings, dated 1.1.1990.

2. For the next higher post, namely Tally Clerk, the appointment is by promotion, after ascertaining the eligibility of the candidates in the interview. The petitioner was promoted to that post on 16.11.1991.

3. The Port Trust entertained a doubt about the genuinity of the social status of the petitioner. Several proceedings ensued at various levels and the service of the petitioner, as Tally Clerk, could not be regularized for a long time. It was only in pursuance of a direction issued by this Court in W.P. No.21172 of 2001 that the service of the petitioner was regularized vide proceedings, dated 16.12.2006.

4. The post superior to that of Tally Clerk, is Traffic Manager. Alleging that several Tally Clerks, who are juniors to the petitioner, were promoted to that post, the petitioner got issued a legal notice claiming necessary relief. In the meanwhile, the Director of Tribal Welfare addressed a letter, dated 19.1.2007, stating that representations were received by the Minister for Social Welfare and Tribal Welfare, Government of A.P., doubting the genuinity of the social status of the petitioner and that an enquiry is pending. Obviously on the basis of the said communication, the Port Trust did not take any petitioner filed W.P. No.4599 of 2007 assailing the communication, dated 19.1.2007.

5. Thereafter, the Joint Collector and Chairman, District Level Scrutiny Committee, Visakhapatnam, (for short 'the Committee') constituted under the Andhra Pradesh (SC, ST & B.Cs) Regulation of Issue of Community Certificates Act, 1993 (for short 'the Act') issued a notice, dated 12.7.2007, to the petitioner proposing to conduct enquiry into his social status. W.P. No.15333 of 2007 is filed challenging the same.

6. The petitioner filed W.P.No.26129 of 2007 seeking a direction to the Port Trust to promote him to the next higher post of Assistant Quay Foreman, in view of the fact that his services have been regularized in the feeder cadre.

7. The petitioner contends that his father was appointed as Post Master as a Scheduled Tribe candidate and that he retired from service. He submits that never any doubt was expressed about his social status and some envious employees in the Port Trust had initiated proceedings one after the other to stall his promotion.

8. The Port Trust filed a counter- affidavit in W.P.No.26129 of 2007, stating inter alia that the case of the petitioner cannot be considered for promotion to the next higher post in view of the pendency of the proceedings under the Act.

9. Heard Sri Sai Gangadhar Chamrty, the learned for the petitioner, Sri A. Krishnam Raju, the learned Standing Counsel for the Port Trust and the learned Government Pleader for Social Welfare.

10. The petitioner did not face any problem either during the course of his studies or after he was employed as a Khalasi on 28.9.1998 or when he earned promotion to different posts upto Tally Clerk. It was only at a stage when the services of the petitioner in the post of Tally Clerk were to be regularized, that doubt was expressed about the genuinity of his social status. Almost- a semblance of finality reached with the issuance of proceedings, dated 16.12.2006, by the Port Trust, regularizing the service of the petitioner by making a reference to the communication, dated 12.9.2006, said to have been received from the District Collector. However, the Director of Social Welfare addressed a letter and issued a notice to the petitioner, in the light of representations said to have been received by the Minister for Social Welfare. This was followed by a notice issued

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