WP/23173/2004 of Kanapuram Sunitha Vs Revenue Department State of A.P. 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 Nos.20215, 20305, 21558 & 23173 of 2004

WRIT PETITION No: 20215 of 2004

Between:

Ch. Naga Narasimha Rao S/o Sri Ch. Kanakadurga Rao Kovvuru Municipality, West Godavari District

AND

1 State of Andhra Pradesh, rep by Principal Secretary, Municipal Administrationand Urban Development Department, Secretariat, Saifabad, Hyderabad 2 The Commissioner and Director of Municipal Administration, MCH officeComplex, south Block, 4th floor, Hyderabad.3 The Regional Director-cum-Appellate Commissioner of MunicipalAdministration, Rajahmundry, East Godavari district.

4 The Andhra Pradesh Public Service Commission, Gruha Kalpa Building,Mukarram Jahi Road, Nampally, Hyderabad, rep by secretary.

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 particularly one in the nature of Writ of certiorarias under (a) call for the records relating to and connected with the judgment andorder rendered on 15th October 2004 in O.A. No. 3329 of 2004 along with the batch of O.A. Bearing O.A No. 3329 of 2004 along with the batch of O.As bearing O.A.No.3840 of 2004 by the A.P. Admn. Tribunal and quash and set a side the same holdingas unsustainable; (b) Direct the respondents not toreview/alter/review/alter/reconsider the selection and appointment of the applicantas Municipal Commissioner Grade-III in Multi Zone-I made in pursuance of theselection by the Andhra Pradesh Public Service Commission in response tonotification No. 10 of 1999 (c) further direct the respondents not to alter or cancel theorders contained in G.O.Ms. No. 84 M.A., dt 22-03-2001 of the 1st respondentthrough which proceeding the Writ Petitioner came to be appointed (d) Direct therespondents not to make any appointment afresh in favour of the Writ petitioner asAssistant Commercial tax Officer and instead, direct the respondents to continue inservice the writ petitioner as municipal Commissioner in Multi-Zone-ICounsel for the Petitioner: MR.NUTY RAM MOHAN RAO

Counsel for the Respondents: GP FOR SERVICES I

Between:

Bonoth Nageshwar Rao, S/o. Basu, Kesamudram, Warangal District. Resident of Kesamudram.

AND

..... PETITIONER

1 State of Andhra Pradesh., Rep by its Principal Secretary, Revenue DepartmentSecretariat, Saifabad, Hyderabad.Secretariat, Saifabad, Hyderabad.

2 The Commissioner of Commercial Taxes, Mukarram Jahi Road, Nampally, Hyderabad.

3 The Deputy Commissioner of Commercial Taxes, Warangal Division, Warangal.

4 The Andhra Pradesh Public Service Commission, Gruha Kalpa Building,Mukarram Jahi Road, Nampally, Hyderabad Represented by its SecretaryMukarram Jahi Road, Nampally, Hyderabad Represented by its Secretary

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 particularly one in the nature of Writ ofCertiorari as under: a) Call for the records relating to and connected with thejudgment and order rendered on 15th October 2004 in O.A.No. 3240 of 2004 by theA.P. Administrative Tribunal and quash and set aside the same holding it asunsustainable; b) Direct the respondents not to review/alter/reconsider the selectionand appointment of the petitioner as Assistant Commercial Tax Officers, Zone-Vmade in pursuance of his selection by the Andhra Pradesh Public Service

Conclusion

Commission in response to Notification No. 10 of 1999 c) Further direct therespondents not to make any appointment afresh in favour of the writ petitioner asExtension Officer (Rural Development) instead, direct the respondents to continue inservice the writ petitioner as Assistant Commercial Tax Officer Zone-V and pass Counsel for the Petitioner: MR.NUTY RAM MOHAN RAO

Counsel for the Respondents: GP FOR SERVICES II

Between:

Kadirappagari Govinda Reddy, S/o. K. Raghava Reddy, Interviewed and Not Selected, Unemployee, C/o. R. Obi Reddy, Sri Surya PublicSchool, Mudigubba Village and Mandal, Anantapur District-515 511.

..... PETITIONER

AND

1 The Andhra Pradesh Public Service Commission, Rep., by its Secretary, M.J.Road, Nampally, Hyderabad.

2 The Government of Andhra Pradesh, Represented by its Chief Secretary, General Administration Department, Secretariat Buildings, Hyderabad.3 The Government of Andhra Pradesh, Represented by its Secretary, GeneralAdministration Department, Secretariat Buildings, Hyderabad.

4 P. Ratnakumari, A.S.O., Labour Employment, A.P. Secretariat, Hyderabad.

5 K.V. Krishnaiah, A.S.O. Agriculture Department, Secretariat, Hyderabad.

6 M. Chandrasekhar, A.S.O., Secretariat, Hyderabad.

7 Prasad Reddy, .T, A.S.O., Secretariat, Hyderabad.

8 G. Sivaiah, A.P. Secretariat, Hyderabad.

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 an order, direction especially one in the nature of certiorari b) calling forrecords pertaining to O.A.No. 4835/2004 and its order dated 15-10-2004 on the fileof Hon'ble A.P. Administrative Tribunal and quash the same and (b) further bepleased to call for the records relating to the provisionally qualified candidates oraltest (interview) list dated 24-01-2004 and the consequential provisional selection listfor the appointment to the Executive Posts falling in Group-II services list dated 31-5-2004 (relating to the A.P.P.S.C., advertisement No. 10/99) and all otherconsequential proceedings if any of the Respondents and set aside the same byholding as contrary to orders of the Hon'ble High Court in W.P Nos. 2868 and2904/2002 dated 08-7-2003 and further orders dated 26-07-2004 of the Apex courtpassed in Special Leave to Appeal in Civil No. 7772/2004 by further directing the 1strespondent to confine the selections to the vacancies reported in 2nd spell i.e., 973

Executive posts and 199 Non-Executive posts without disturbing the selectionsalready made earlier by taking the earlier non selections already made earlier bytaking the earlier non selected candidates in accordance with the ratio prescribedand presidential order.

Counsel for the Petitioner: MR.M.SURENDER RAO

Counsel for the Respondent No.1-3: GP FOR SERVICES II

Counsel for the Respondent Nos.5&8: MR.NUTY RAM MOHAN RAO

Between: Kanapuram Sunitha D/o.K.Narsimlu Deputy Commissioner (CT), Hyderabad Rural Divisin, Hyderabad.

AND

..... PETITIONER

1 Revenue Department State of A.P. Its Principal Secretary

Ratio decidendi

Secretariat, Hyderabad.2 The Commissioner of Commercial Taxes M.J.Road,Nampally, Hyderabad.

3 The Deputy Commissioner of Commercial Taxes Hyderabad Rural Division, Hyderabad.

4 The Andhra Pradesh Public Service Commission rep by its Secretary, GruhaKalpa, Hyderabad.Kalpa, Hyderabad.

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 of Certiorari calling for therecords relating to the order of the Hon'ble A.P.A.T. dt 15.10.2004 in OANo.3463/2004 and quash the same and further direct the respondents not to reviewthe appointment of the petitioner as Assistant Commercial Tax Officer and furtherdirect the respondents to continue the petitioner as Assistant Commercial TaxOfficer by declaring the action of the APPSC as illegal, bad, arbitrary and withoutjurisdiction and to pass other order or orders.

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

Counsel for the Respondents: GP FOR REVENUE

The Court made the following:

All these matters are covered by the decision of this Court in W.P.No.20106 of 2004and batch dated 27-12-2004.

Accordingly, the Writ Petitions stand disposed of in terms of the orders passedtherein in which this Court has categorically observed that the appointments in firstround selection should not be disturbed. If any such dislocation has taken place, theA.P.P.S.C. is directed to set right the same in accordance with the directionscontained in the aforesaid Writ Petition. No costs.

__________________

G. BIKSHAPATHY, J.

Date: 28-12-2004

ES

_______________

P.S. NARAYANA, J.

To

1 The Principal Secretary, State of Andhra Pradesh, Municipal Administration andUrban DevelopmentUrban Development Department, Secretariat, Saifabad, Hyderabad 2 The Commissioner and Director of Municipal Administration, MCH officeComplex, south Block, 4th floor, Hyderabad.Complex, south Block, 4th floor, Hyderabad.

3 The Regional Director-cum-Appellate Commissioner of Municipal Administration, Rajahmundry, East Godavari district.

4 The Secretary, Andhra Pradesh Public Service Commission, Gruha KalpaBuilding, Mukarram Jahi Road, Nampally, Hyderabad.Building, Mukarram Jahi Road, Nampally, Hyderabad.

5 The Principal Secretary, State of Andhra Pradesh, Revenue DepartmentSecretariat, Saifabad, Hyderabad.Secretariat, Saifabad, Hyderabad.

6 The Commissioner of Commercial Taxes, Mukarram Jahi Road, Nampally,Hyderabad.Hyderabad.

7 The Deputy Commissioner of Commercial Taxes, Warangal Division, Warangal.8 The Chief Secretary, Government of Andhra Pradesh, General AdministrationDepartment, Secretariat Buildings, Hyderabad.8 The Chief Secretary, Government of Andhra Pradesh, General AdministrationDepartment, Secretariat Buildings, Hyderabad.

9 The Secretary, Government of Andhra Pradesh, General AdministrationDepartment, Secretariat Buildings, Hyderabad.Department, Secretariat Buildings, Hyderabad.

4 P. Ratnakumari, A.S.O., Labour Employment, A.P. Secretariat, Hyderabad.

5 K.V. Krishnaiah, A.S.O. Agriculture Department, Secretariat, Hyderabad.

6 M. Chandrasekhar, A.S.O., Secretariat, Hyderabad.

7 Prasad Reddy, .T, A.S.O., Secretariat, Hyderabad.

8 G. Sivaiah, A.P. Secretariat, Hyderabad.

9 The Principal Secretary, State of A.P., Revenue Department, Secretariat, Hyderabad.

10 The Deputy Commissioner of Commercial Taxes Hyderabad Rural Division, Hyderabad.

11 2 CCs to the G.P. for Services I and II, High Court of A.P., Hyderabad (OUT).

12 2 CCs to the G.P. for Revenue, High Court of A.P., Hyderabad (OUT).

13 2 CD copies.

14 The Secretary, APPSE, M.J. Road, Nampally, Hyderabad.