WP/22135/2004 of P. Mohan Reddy Vs The Govt of A.P., rep. by itsw Principal Secretary, on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

And

THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 24509 of 2003

Between:

1 The Government of Andhra Pradesh Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad - 500 022.

2 The Chief Commissioner of Land Administration, Nampally Station Road, Hyderabad - 500 001.

3 Government of Andhra Pradesh, Rep. by its Principal Secretary, General Administrartion Department, Secretariat, hyderabad - 500 022

4 The Secretary, A.P. Public Service Commission, Hyderabad

..... PETITIONERS

AND

G. Omkar Reddy, Commercial Tax Officer, Chittoor, Chittoor District

.....RESPONDENT

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 any writ or proceedings more particularly one in the nature of "Writ ofCertiorari" calling for the records pertaining to the order passed in O.A.No.1836/2003 on the file of Hon'ble A.P.A.T. Hyderabad dated 26-3-2003 and quashthe same as illegal and arbitrary.

Counsel for the Petitioners: GP FOR SERVICES II

Counsel for the Respondent: MR.C.SRINIVASA BABA

Mr.C.KISHORI RAO

WRIT PETITION NO : 22135 of 2004

Between:

1 P. Mohan Reddy S/o. Late P. Narayana Reddy, Competent Authority and Deputy Collector, L.A. NH.

Marripalem, Visakhatnam.

2 A. Ravinder Reddy S/o. Appa Reddy, Deputy Collector and Mandal Revenue Officer, Rajendra Nagar, R.R.District. and Mandal Revenue Officer, Rajendra Nagar, R.R.District.

3 M. Ravindra Babu, S/o. Venkataratnam, Deputy Collector and Mandal Revenue Officer, Sherilingampally, R.R.District.

4 K. Dharma Reddy S/o. Venkata Reddy, Revenue Divisional Officer, Janagaon, Warangal District. Officer, Janagaon, Warangal District.

AND

..... PETITIONERS

1 The Government of A.P., rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2 The Chief Commissioner of Land Administration, Hyderabad.

3 Government of A.P. rep. by its Principal Secretary, G.A.D., Secretariat, Hyderabad.Hyderabad.

4 The Secretary, A.P. Public Service Commission, Hyderabad.

5 G. Omkar Reddy S/o. Narayana Reddy, Commercial Tax Officer, Chittoor ,Chittoor District. Chittoor ,Chittoor 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 a writ order or direction more in the nature of Writ Certiorari calling for therecords relating to the order of the Hon'ble A.P. Administrative Tribunal Dt.26.3.2003 in O.A.No. 1836 of 2003 and quash the same by holding it as illegal, badand arbitrary.

Counsel for the Petitioners: MR.J.R.MANOHAR RAO

Counsel for the Respondent Nos.1 to 4: G.P.FOR SERVICES-II

Counsel for the Respondent No.5: Mr.P.Naveen Rao The Court made the following:

COMMON ORDER: (per GB.J.)

Both the Writ Petitions can be disposed of by a common order as they arise outof the order passed by A.P. Administrative Tribunal (for short Tribunal) inO.A.No.1836 of 2003, dated 26.3.2003.

Conclusion

The above OA was filed by one G.Omkar Reddy, who is respondent inWP.No.24509 of 2004 and 5[th] respondent in WP.No.22135 of 2004, seekingdeclaration of the action of the respondents therein in not considering his claimfor appointment to the post of Deputy Collector in any one of the vacancies thathave arisen prior to 31.8.1998 as per the conditions laid down in AdvertisementNo.5/98 and also declare the action of the 2[nd] respondent therein in notifyingthe direct recruitment vacancies to the APPSC as illegal, arbitrary and violationof Articles 14, 15 and 21 of the Constitution of India and for consequentialdirection.

According to the applicant in the above OA he was selected for Group-IServices by virtue of the notification issued by the APPSC bearingAdvertisement No.5/1998 and after selection he was appointed as CommercialTax Officer in 2001 and in 2003 he filed the above OA before the Tribunalclaiming the relief as referred to above. However, the Tribunal, disposed of thesaid OA with the following directions:

“…In this view of the matter, the respondent Nos.1 and 2 are directed to furnishthe details of vacancies that were there as on the date of notification, to theAPPSC for publication of selection list in the category of Deputy Collectors. Itis to be furnished within two months from the date of receipt of copy of thisorder. Thereupon, the claim of the applicant and similarly situated persons shall be considered as per their ranking for the posts of Deputy Collectors. The OAis accordingly disposed of”.

Aggrieved by the said order, Writ Petition No.24509 of 2003 has been filed bythe Government.

The learned Government Pleader for Services-II submits that without hearingthe Government and without giving the time for filing the counter, the OA wasallowed by the Tribunal and therefore the matter requires reconsideration in thehands of the Tribunal after filing the counter by the Government. The learnedGovernment Pleader also submits that there is any amount of laches on thepart of the applicant. He having been appointed in 2001, did not raise his littlefinger till 2003. Even he did not challenge the notification No.5/1998. Had therebeen a proper opportunity to the Government, these facts would have beenplaced by the Government before the Tribunal for giving proper conclusion.

On the other hand Mr.Naveen Rao, learned counsel appearing for therespondent submits that the Tribunal has only given direction to furnish thedetails of vacancies that were there as on the date of notification to the APPSCfor publication of selection in the category of Deputy Collectors and if the sameimplemented, no prejudice would be caused to the Government.

-------------------------------------

(G.BIKSHAPATHY, J.)28[th] December, 2004.

--------------------------------------

(P.S.NARAYANA, J.)

SSR

That Rule Nisi has been made absolute as above.Witness the Hon’ble Sri Devinder Gupta, the Chief Justice, on this The 28[th] day of December, 2004.

ASSISTANT REGISTRAR

To

1 The Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad - 500 022.

2 The Chief Commissioner of Land Administration, Nampally Station Road, Hyderabad - 500 001.

3 The Principal Secretary, General Administration Department, Government of Andhra Pradesh, Secretariat, Hyderabad - 500 022

4 The Secretary, A.P. Public Service Commission, Hyderabad 5 The Registrar, A.P. Administrative Tribunal, Hyderabad.

6 2 CCs to G.P. for Services-II, High Court of A.P. Hyderabad. (OUT)

7 2 CD copies.

3.2CCs to

Form-NIC-OGS/WP{JGK}