WP/24037/2004 of D. Rajeshwar, Vs The Government of Andhra Pradesh, on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 24037 of 2004

Between:

D. Rajeshwar, S/o. D. Chinnaiah,

O/o. MPDO, Medchal, Ranga Reddy District.

AND

..... PETITIONER

1 The Government of Andhra Pradesh, Rep by its Principal Secretary, PanchayatRaj Department, Secretariat, Hyderabad.Raj Department, Secretariat, Hyderabad.

2 The Engineer-in-Chief, Panchayat Raj Department, Errammanzil, Hyderabad.

3 The Mandal Parishad Development Officer, Medchal, Ranga Reddy District.

4 The Executive Engineer, Panchayat Raj Department, Ranga Reddy District.

5 B. Laxmi Narayana,

Ibrahimpatnam (M) P/o. M.P.D.O. Ranga Reddy District.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ order or direction more particularly one in the nature of writ of "Certiorari"calling for the records relating to order dated 10-11-2004 passed in O.A.No.6162/2004 by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad andsetaside the same as unjust and without any basis and also set aside the Proc.SO.III/2/18091/2004 dated 15-10-2004 issued by the 2nd respondent as illegal,arbitrary, discriminatory, motivated and pass such other order or orders.

Counsel for the Petitioner: MR.M.RATNA REDDY

Counsel for the Respondents: GP FOR SERVICES II.

The Court made the following:

ORAL ORDER:- (PER GB,J.)

The Writ Petition is filed assailing the order, dated 10.11.2004, passed by the A.P.Administrative Tribunal in O.A.No.6162 of 2004.

2. The matter relates to transfer of the petitioner vide proceedingsNo.SO.III/2/18091/2004, dated 15.10.2004. However, we are not inclined toadjudicate the matter on merits, inasmuch as, the Tribunal disposed of the O.A., withthe following direction:“This is a matter where it appears that the Engineer-in-Chief is unable to come to aconclusion about the decision to be taken as to who should occupy the post ofAssistant Engineer, Mandal Parishad, Medchal. In view of this, the Government inPanchayat Raj Department, who is R1 is directed to call for the records of theEngineer-in-Chief, Panchayat Raj and issue final orders at their level within a period oftwo weeks from the date of receipt of this order. Pending issue of such final orders bythe Government status quo shall be maintained.”

3. We have directed the learned Government Pleader to get instructions as towhether the Government has passed any order in pursuance of the directions issuedby the Tribunal, but the learned Government Pleader says that no such order hasbeen passed.

4. We do not find any reason for not passing any such order when specific time wasfixed in the order of the Tribunal. However, keeping in view the facts andcircumstances, we direct the Government to pass appropriate orders as directed bythe Tribunal within a period of two weeks from the date of receipt of a copy of thisorder.

5. With the direction indicated above, the writ petition is disposed of. No costs.

Dated : 31.12.2004

ES

_________________

(G.BIKSHAPATHY, J)

_______________________

(B.SESHASAYANA REDDY, J)

To

1 The Principal Secretary, Panchayat Raj Department, Government of AndhraPradesh, Hyderabad.

2 The Engineer-in-Chief, Panchayat Raj Department, Errammanzil,Hyderabad.

3 The Mandal Parishad Development Officer, Medchal, RangaReddy District.

4 The Executive Engineer, Panchayat Raj Department, RangaReddy District.

5 2 CCs to G.P for Services II, High Court Buildings, Hyd.(OUT)