RAMASREE P Vs. SUPERINTENDING ENGINEER GUNTUR

JUDGEMENT

(1.) The petitioner was appointed on May 28,1993 as tracer. A retrenchment notice was served on her on June 30, 1999 on the ground of want of vacancy but she was not relieved. The said notice of retrenchment was cancelled and she was directed to be retained in N.H.Division, Guntur. She was sought to be retrenched again on November 29, 1994 by the superintending Engineer, R & B Circle, Guntur having regard to the Judgment of the Administrative Tribunal in the case of Sri K.Baladas stating:

(2.) The petitioner filed an application before the Tribunal marked as O.A. No. 7094 of 1994. On February 13, 1996 the petitioner was issued with an offer of appointment as tracer wherein reference was made to the proceedings dated November 29, 1994 whereby and whereunder she had been retrenched. By reason of the said order dated February 13, 1996 she was posted as tracer in R & B Electrical Division, Guntur. She was again retrenched on February 26, 1997. Another Original Application was filed by her which was marked as O.A. 1084 of 1997. Both the applications were taken up for hearing together by the learned Tribunal.

(3.) The only question which arose for consideration before the learned Tribunal was as to whether having regard to G.O. Ms. No. 686 dated August 3, 1997 and G.O. Ms. No. 36, dated January 25, 1990 an order of retrenchment could have been passed against the petitioner who is a member of Scheduled Caste as in terms of the aforementioned Government Orders protection had been issued to the Scheduled Caste and Scheduled Tribe candidates from being retrenched. The question as to whether such a Government Order could be issued or not came up for consideration before the Apex Court in Government of A. P. v. Bala Musalaiah, 1995 (1) SCC 184. The Apex Court held that such Government Order is not maintainable. However. it was directed: