WP/26467/2010 of Gunisetty Srinivasa Rao Vs The Government of Andhra Pradesh on 31 December 2010

O r d e r:

The petitioner, who claims to be a permanent resident ofNarsapur and an Advocate, practicing in the Courts of the Senior CivilJudge and the Principal Junior Civil Judge, Narsapur, West Godavari,has filed this writ petition, praying to grant the following relief:

To issue a Writ of Mandamus or any other appropriate writ, order or direction,declaring the action of respondents 1 and 2 herein in proceeding with the process ofappointment to the post of Assistant Government Pleader in the Courts of the SeniorCivil Judge and the Principal Junior Civil Judge, Narsapur, West Godavari, withoutfollowing the procedure as stipulated under the Andhra Pradesh Law Officers(Appointment and Conditions of Service) Instructions, 2000 issued by the Governmentof Andhra Pradesh in G.O. Ms. No. 187, Law (L) Department, dated 06.12.2000 asillegal, arbitrary, unreasonable, null and void and violative of Articles 14 and 16 of theConstitution of India and pass such further order or orders as this Hon’ble Court maydeem fit and proper in the circumstances of the case.

The petitioner states that he enrolled as an Advocate with theBar Council in the year 1995, and since then has been practicing inthe Courts of the Senior Civil Judge and the Principal Junior CivilJudge, Narsapur. That there exists a post of Assistant GovernmentPleader in the said Courts, and that the appointment of GovernmentPleaders/Assistant Government Pleaders, is governed by A.P. LawOfficers (Appointment and Conditions of Service) Instructions, 2000,issued by the Government of Andhra Pradesh in G.O. Ms. No. 187,Law (L) Department, dated 06.12.2000. The Government issuedorders in G.O. Rt. No. 1925, Law Department, dated 28.12.2006,appointing Sri. P.V.V. Narayana Swamy, as Assistant GovernmentPleader for the said Courts, for a period of three years from 28.12.2006to 20.01.2010, and after expiry of his term, the Government issuedorders in G.O. Rt. No. 930, Law Department, dated 28.05.2010, for hiscontinuance as Assistant Government Pleader, till regular AssistantGovernment Pleader, is appointed.

While so, the District Collector, West Godavari, initiated theprocess of appointing a regular Assistant Government Pleader for thesaid Courts, by requesting the District Judge, West Godavari, to send apanel of Advocates practicing in the Courts of the Senior Civil Judgeand Junior Civil Judge, Narsapur, West Godavari, for forwarding the same to the Government for consideration of the candidatures forappointment. Pursuant thereto, the District Judge, West Godavari, inconsultation with the Senior Civil Judge, Narsapur, sent a panel of fiveAdvocates, namely (1) Sri. P.V. Krishna Rao,

(2) Sri. Ullaparthi Satyanarayana, (3) Sri. Chittiboina Gopala KrishnaGokhale, (4) Sri. Purella Srinivas and (5) Smt. Kanuri Challamma, tothe District Collector, West Godavari.

The petitioner states that the District Collector, West Godavari,instead of forwarding the above panel as it is to the Government, hasforwarded the same by deleting the name of Sri. Purella Srinivas and incorporated the name of Sri. RamaganiSatya Venkata Someswara Rao, in the panel. The Government, videorders issued in Memo dated 07.09.2010, rejected the panel anddirected the District Collector, West Godavari, to prepare a fresh panelin consultation with the District Judge, West Godavari, by following theprocedure governing the appointment of Assistant GovernmentPleaders. The petitioner states that the District Collector, WestGodavari, instead of preparing a fresh panel in consultation with theDistrict Judge, West Godavari, sent the very same panel that wasrejected by the Government, by deleting the name of Sri. RamagariSatya Venkata Someswara Rao and incorporating the name of Sri.Purella Srinivas.

The petitioner states that he possesses the requisitequalification to hold the post of Assistant Government Pleader, and ifnew panel as directed by the Government is prepared, in consultationwith the District Judge, West Godavari, he being eligible, can submithis application. Now, it is the grievance of the petitioner that theDistrict Collector, West Godavari, instead of consulting the DistrictJudge, West Godavari, is proceeding ahead to send the very samepanel that was rejected by the Government, by deleting the name ofSri. Ramagari Satya Venkata Somswara Rao and incorporating thename of Sri. Purella Srinivas. Such action of the District Collector,West Godavari, the petitioner contends is illegal and arbitrary and ingross violation of the Appointment Instructions.

The Government filed counter stating that as the panel of namesforwarded by the District Collector, West Godavari, was not inaccordance with the panel of names sent by the District Judge, WestGodavari, they canceled the said panel and directed the DistrictCollector, West Godavari, to call for a fresh panel from the District Collector, West Godavari, in consultation with the District Judge, WestGodavari. It is further contended in the counter that the District Judge,merely prepares the panel, and before preparing and sending thepanel, he will notify the post for the Advocates to submit applications,and as such, the petitioner, has no right to contend that he is entitled toapply. He submitted that even though the Government cancelled thepanel, but since the District Collector, West Godavari, has rectified thetypographical mistake and sent the very same panel, there is nonecessity to again call for fresh panel.

The District Collector, West Godavari, filed counter stating thatupon receiving the panel from the District Judge, West Godavari, sheforwarded the same to the Government, but while forwarding the panel,the name of Sri. Purella Srinivas was wrongly typed as Sri. RamaganiSatya Venkata Someswara Rao, and thus, the panel forwarded by herto he Government varied with that of the panel sent by the DistrictJudge, West Godavari. She further stated that even though theGovernment cancelled the panel and directed her to call for a freshpanel, but since while sending the panel, the name was wrongly typed,which is by inadvertence, she corrected the same and sent thecorrected panel, and it is for the Government to take action thereon.Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Home for the respondents.

The appointment of Assistant Government Pleaders/Government Pleaders, is governed by A.P. Law Officers (Appointmentand Conditions of Service) Instructions, 2000(hereinafter referred to as‘the Appointment Instructions’), issued by the Government of AndhraPradesh in G.O. Ms. No. 187, Law (L) Department, dated 06.12.2000. Instruction No. 9 of the Appointment Instructions, which deals withappointment of Law Officers in the District Courts and Courtssubordinate to the High Court provides that appointment of LawOfficers in all the Courts and Tribunals subordinate to the High Courtshall be made on he basis of the recommendations of the DistrictCollector concerned who shall ascertain the views of the concernedDistrict and Sessions Judge before making the recommendations, andthe District Collector shall prepare a panel of Advocates well inadvance before expiry of the term of incumbents and send the same tothe Government for consideration.

In terms of the above Appointment Instructions, one Sri. P.V.V. Narayana Swamy, was appointed as Assistant Government Pleader, by the Government, for the Courts of the Senior and JuniorCivil Judge at Narsapuram, vide G.O. Rt. No. 1925, Law, dated28.12.2006, for a period of three years, whose term came to an end on21.02.2010, and on his request, his term was extended by another twomonths vide proceedings dated 04.05.2010 of the District Collector. The Government, while ratifying such action of the District Collector,vide G.O. Ms. No. 930, Law Department, dated 28.05.2010, directedhis continuance as A.G.P. till a regular is appointed. Prior to theissuance of the said G.O., the District Collector, West Godavari, videletter dated 26.04.2010 requested the District Judge, West Godavari, tosend a panel of five names for consideration for appointment asAssistant Government Pleader for the Courts of the Senor and JuniorCivil Judge, Narsapuram. In terms thereof, the District Judge, WestGodavari, vide his letter dated 15.05.2010, sent a panel of fiveAdvocates, practicing in the Courts of Senior and Junior Civil Judge,Narsapuram, namely (1) Sri. P.V. Krishna Rao, (2) Sr. UllaparthiSatyanarayana, (3) Sri. Chittibona Gopala Krishna Gokhale,

(4) Sri. Purella Srinivas and (5) Smt. Kanuri Challamma, along withtheir bio-data, to the District Collector. Thereafter, the DistrictCollector, West Godavari, vide letter dated June, 2010, called forantecedents of the five Advocates from the Superintendent of Police,West Godavari, but while calling for the antecedents, she substitutedthe name Sri. R.S.V. Someswara Rao in the place of of Sri. Purella Srinivas, The Superintendent of Police, West Godavari,vide his letter dated 17.06.2010, having got the antecedents of thecandidates named in the panel verified, submitted his report to theDistrict Collector, West Godavari. And in relation to Sri. R.S.V.Someswara Rao, the Superintendent of Police, West Godavari,reported that “the field SB staff made strenuous efforts to trace out theaddress of the above individual(Sri. R.S.V. Someswara Rao) inNarsapuram Town, but in van. Hence, his identity, character andantecedents could not be established”. Thereafter, the DistrictCollector, West Godavari, vide letter dated 23.07.2010, forwarded thesaid panel to the Government, for consideration.

The Government, having noticed that the panel submitted by theDistrict Collector, West Godavari, varied with that of the panelsubmitted by the District Judge, West Godavari, vide orders issued inMemo dated 107.09.2010, rejected the panel, and called upon theDistrict Collector, West Godavari, to call for a fresh panel.

From the above, it is clear that the District Judge, WestGodavari, along with four other names, included the name of Sri. Purella Srinivas, for appointment as Assistant GovernmentPleader, and even though the District Collector, in her countercontends that while forwarding the panel of names sent by the DistrictJudge, West Godavari, to the Government, the name of

Sri. Purella Srinvas, was wrongly typed as Sri. R.S.V. SomeswaraRao, the fact remains, a perusal of the record produced by the learnedGovernment Pleader, which was produced after several adjournments,would disclose otherwise, for it is only after the Government rejectedthe panel, the District Collector, West Godavari, has taken the plea ofwrong typing of the name of Sri. P. Srinivas as Sri. R.V.S. Someswara Rao. The fact that theDistrict Collector, West Godavari, has even called for the antecedentsof Sri. R.V.S. Someswara Rao, whose antecedents were not found,clearly suggests that she has included the name of Sri. R.V.S. Someswara Rao, by deleting the name of Sri. PurellaSrinivas. In fact, the District Collector, West Godavari, sought to rectifyher mistake, by terming it as a typographical error, only after receivingthe orders issued by the Government in Memo dated 07.09.2010,rejecting the panel, by calling for the antecedents of Sri. Purella Srinivas.

Even though the Government, vide orders issued in Memodated 07.09.2010 cancelled panel sent by the District Collector, WestGodavari, on the ground that it varied with the panel was not in tunewith the rectified to keep it in tune with the panel sent by the DistrictJudge, West Godavari, the fact remains, as noted above, the DistrictCollector, West Godavari, instead of calling for fresh panel from theDistrict Judge, West Godavari, as directed by the Government, rectifiedthe purported typographical mistake, and after calling for theantecedents of Sri. Purella Srinivas from the Superintendent of Police,West Godavari, sent the rectified panel to the Government. Therefore,during the course of hearing of the writ petition, this Court directed thelearned Assistant Government Pleader for Home, to ascertain whetherthe Government would process the rectified panel as sent by theDistrict Collector, West Godavari or call for fresh panel as directed bythe Government in the Memo dated 07.09.2010. The learned AssistantGovernment Pleader for Home, on instructions submitted that theGovernment, would process the rectified panel, as sent by the District Collector, West Godavari, because it is in tune with the panel sent bythe District Judge, West Godavari. Admittedly, the orders issued bythe Government in Memo dated 07.09.2010 are neither withdrawn norcancelled, and they are still in force, and when the Government in thesaid Memo, while canceling the panel, directed the District Collector,West Godavari, to call for a fresh panel from the District Judge, WestGodavari, I fail to understand how the District Collector, WestGodavari, can send the very same panel, purportedly by rectifying thealleged typographical mistake.

No doubt, as per the Appointment Instructions, the petitionerhas no right to apply to the post of Assistant Government Pleader, but itis the prerogative of the District Judge, to send the names of theAdvocates practicing in the Courts, for which the AssistantGovernment Pleader/s, is to be appointed, but the fact remains, whenthe Government, itself has vide orders assed in Memo dated07.09.2010, rejected the panel of names sent by the District Collector,on the ground that it varied, the only course open to the DistrictCollector, West Godavari, was to act in accordance with the directionsissued by the Government, and call for a fresh panel as required by theAppointment Instructions, and not to send the very same panel, byincorporating the name of Sri. Purella Srinivas along with hisantecedents, particularly when the orders issued by the Government inMemo dated 07.09.2010, rejecting the panel are still in subsistence.

Hence, the writ petition is allowed. The District Collector, WestGodavari, is directed to call for a fresh panel from the District Judge,West Godavari, for appointment as Assistant Government Pleader, inthe Courts of the Senior and Junior Civil Judge, Narsapuram, asdirected in its Memo dated 07.09.2010. No costs.

Dated: 31[st] December, 2010KSR

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N.V. RAMANA, J.