LAWS(APH)-2020-8-24

T D BHAVANI Vs. STATE OF AP

Decided On August 13, 2020
T D Bhavani Appellant
V/S
State Of Ap Respondents

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India questioning the action of the respondents in terminating the petitioners' services as Typist-Cum-Clerk and Attender respectively in the Court of V Additional District and Sessions Court (FTC), Prakasam at Ongole through Dis Nos.7228 and 1471 of 2018 dated 22.10.2018 on the ground of transferring of the said Court to Kurnool as VII Additional District and Sessions Court - Cum - Special Court for Trial of Offences against Women.

(2.) Heard Sri Nagaraju Naguru, learned counsel for the petitioners and Sri P.S.P. Suresh Kumar, learned counsel appearing on behalf of the respondent Nos.2 to 4.

(3.) The case of the petitioners in nutshell is that the petitioner No.1 was appointed as Typist-Cum-Assistant vide proceedings dated 16.11.2017 and petitioner No.2 was appointed as Attender vide proceedings dated 26.07.2014 in the Court of V Additional District and Sessions Court (FTC), Prakasam at Ongole. They were appointed on contract basis as per Rule 9 of Andhra Pradesh State Subordinate Service Rules by respondent No.4. The petitioners were posted in their respective posts in V Additional District and Sessions Court (FTC), Prakasam at Ongole in the existing vacancies. After joining duty, petitioner Nos.1 and 2 were deputed to work in the Court of the Additional Senior Civil Judge at Ongole and in Family Court, Ongole respectively as per G.O.Ms.No.38 Law (LA and J Courts.C) Department dated 27.03.2011. The appointment of the petitioners is purely on contract basis. As per the appointment letters, place of posting shall not be considered as a permanent arrangement even during the tenure of appointment and the individual shall be liable to be transferred to such other places as may be directed by the Appointing Authority. It is stated that the petitioners discharged their duties with utmost dedication and they were also entitled for regularization as per the proceedings of the erstwhile High Court through order in R.O.C.No.275/E1/2008 dated 31.12.2018. Though the petitioners were satisfactorily performing their duties without any complaint from the Officers, their services were terminated w.e.f. 22.10.2018 afternoon on the ground of shifting of V Additional District and Sessions Court (FTC), Prakasam at Ongole to Kurnool District to function as VII Additional District and Sessions Court - Cum - Special Court for Trial of Offences against Women, Kurnool with regular staff pattern.