V ANJANEYULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Mr. P.V.S.S.S. Rama Rao, learned Counsel for the Writ Petitioner and Mr. Ravinder, learned Counsel representing Mr. C. Srinivasa Baba, learned Counsel for the contesting respondent No. 4.

(2.) The Writ Petitioner filed the Writ Petition seeking a Writ in the nature of Mandamus declaring the orders dated 26-11-2001 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 6554 of 2001 as illegal and arbitrary. By the said order, the learned Tribunal while dismissing the O.A. as devoid of merits vacated the interim order 6f status quo granted on 21-9-2001 and allowed V.MA.Nos. 545 and 602 of 2001.

(3.) The Government of Andhra Pradesh issued orders in various G.Os for continuation of the election posts till 31-7-2001 in the Panchayat Raj and Rural Employment Department and no further orders were issued by the Government extending period of the said posts beyond 31-7-2001. Consequently, by Proceedings No. 18571/CPR & RE/A 1/2001 dated 31-8-2001, the Commissioner of Panchayat Raj and Rural Employment, A.P. Hyderabad, reviewed the matter in detail and decided to disband election posts with effect from 31-7-2001, afternoon as the elections for Panchayat Raj Bodies were over. Consequent on disbandment of election posts, the Writ Petitioner Anjaneyulu who was working as Divisional Panchayat Officer (Elections) Krishna, was posted as Divisional Panchayat Officer at Gudivada Division of the Krishna District in the existing regular vacancy. The Collector (PW), Krishna was requested to relieve the said Anjaneyulu and report compliance. The Collector was further requested to admit the petitioner in Gudiyada Division and intimate the date of joining immediately. The Petitioner was relieved by the Collector on 1-9-2001 from the post of Divisional Panchayat Officer (Elections). Admittedly, he joined on 7-9-2001 as Divisional Panchayat Officer at Gudivada Division of Krishna District. On 7-9-2001, the Government of Andhra Pradesh passed G.O.Rt.No. 1354 transferring one Ananda Prasad, the fourth respondent herein who was working as Divisional Panchayat Officer, from Jangareddygudem, West Godavari, District to Gudivada, Krishna District in the existing vacancy in terms of the orders .issued, in para - 7(ii) of G.O.Ms.No. 179, Finance and Planning (FW.W&M) Department, dated 28-1 1-2000. The Collectors of Krishna Districted West Godavari District were requested to implement the above transfer order immediately under intimation to the Government arid the Commissioner of Panchayat Raj and Rural Employment (RE), A.P.Hyderabad. (Emphasis supplied)