These three writ petitions are disposed of through this common order. The writ petitioner in W.P.No.25714 of 2001 is the younger brother of the writ petitioner in W.P.Nos.23120 and 25801 of 2001.

2. Their caste certificates that they are Konda Kapus belonging to Scheduled Tribe have been cancelled by the District Collector, East Godavari district. Questioning the same, W.P.No.23120 of 2001 by the elder brother and W.P.No.25714 of 2001 by the younger brother are laid. W.P.No.25801 of 2001 is by the elder brother assailing the order of removal from service through impugned order dated 06.12.2001.

3. For the sake of convenience, I shall refer the petitioner in W.P.No.23120 of 2001 and W.P.No.25801 of 2001 as the 1st petitioner who is the elder brother of the writ petitioner in W.P.No.25714 of 2001. I shall refer the writ petitioner in W.P.No.25714 of 2001 as the 2nd petitioner as he is the younger brother of the 1st petitioner.

4. The District Collector passed order against the 1st petitioner on 05.06.2000 cancelling the caste certificates issued by different officials. Assailing the same, the 1st petitioner laid W.P.No.23120 of 2001. Similar orders were passed by the District Collector, so far as the 2nd petitioner is concerned, on 24.10.1998. The 2nd petitioner filed W.P.No.25714 of 2001. On the basis of the orders of the District Collector, the employer of the 1st petitioner terminated service 1st petitioner through orders dated 06.12.2001. Questioning the same, W.P.No.25801 of 2001 is laid.

5. The District Collector passed orders not only cancelling the caste certificates of petitioner Nos.1 and 2 that they belong to Konda Kapus community but also declared that the petitioners are Kapus by community. This Court passed interim orders on 30.12.2001 suspending the order passed by the District Collector enabling the 1st petitioner to continue in service. The 1st petitioner also obtained interim orders on 30.01.2002 in W.P.No.25801 of 2001 suspending the orders passed by the employer of the 1st petitioner dated 06.12.2001. The suspension of both the orders by this Court ultimately led to the retirement of the 1st petitioner from service. The employer of the 2nd petitioner, pursuant upon the orders of the District Collector dated 24.10.1998 passed orders on 27.11.2001 terminating the service of the 2nd petitioner. Interim orders were passed suspending the orders dated 27.11.2001 passed by the employer. The 2nd petitioner consequently is continuing in service.

6. The petitioners claimed that they hail from Devarapalli village, Maredimilli mandal falling within the agency track in the district of East Godavari. They claimed that they are Konda Kapus by caste.

7. Appanna, resident of Devarapalli had two wives being Tirri Achayamma (Achchamma) and Valala Laxmamma. Tirri Achayamma died in 1930 without any issue. Valala Lakshmamma gave birth to Ramulu who is the father of the petitioners. Lakshmamma died in 1960. These facts alleged by the petitioners are not seriously disputed.

8. Petitioners’ father Ramulu migrated to Samalkot and worked as a lorry cleaner. He ultimately became a lorry driver. He died in 1967. Ramulu, father of the petitioners married Satyavathi of Samalkot, belongs to Kapu community. The 1st petitioner was born on 10.08.1944. Ramulu and Sathyavathi begot second son in 1950. Their third son is the 2nd petitioner who was born on 15.01.1954. In their turn, the 1st petitioner married a Kapu lady in 1967 whereas, the 2nd petitioner married a lady from Konda Kapu community.

9. The 1st petitioner was admitted in the 1st class at Samalkota on 11.06.1951. He was described to be belonging to Konda Kapu community. His entire record shows that he belongs to Konda Kapu.

10. On 20.10.1967, the 1st petitioner was appointed by the Food Department as a Godown clerk on the basis that the 1st petitioner belongs to Scheduled Tribe as Konda Kapu. The Food Department was subsequently merged on 16.12.1968 with Food Corporation of India