A SREENIVASA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners herein invoke the jurisdiction of this court under Articles 227 and 228 of the Constitution of India and accordingly pray for issuance of a Writ of Mandamus or appropriate direction directing the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') to transfer O.A.No. 2913 of 2002 filed by the petitioners herein to this court in order to decide the constitutional validity of the rules called as "The Andhra Pradesh Panchayat . Subordinate Service (Supplementary) Rules" issued in G.O.Ms. No. 384, Panchayat Raj & Rural Development (Estt. IX) Department, dated 22-12-2001.

(2.) Before we proceed further to consider as to whether the petitioners are entitled for grant of any such relief and as to the maintainability of the writ petition, it may be necessary to briefly notice a few relevant facts:

(3.) The Government of Andhra Pradesh having examined the issue of providing a Secretary to each Gram Panchayat in the interest of good village level governance decided to appoint a Secretary to each Gram Panchayat who will be called as Panchayat Secretary'. The Government accordingly created the post of Panchayat Secretary in each Panchayat combining the revenue and panchayat functions and accordingly promulgated the rules called as "The Andhra Pradesh Panchayat Subordinate Service (Supplementary) Rules" (for short 'the Rules') whereunder the service consisting of certain additional categories of posts in the Andhra Pradesh Panchayat Subordinate Service is constituted. The method of appointment is by transfer from the V.D.O. Grade-I, V.D.O. Grade-II, V.D.O. Grade-Ill and also from the surplus manpower pool maintained by the Finance Department. There is no direct recruitment as such for filling up the said posts. The posts are sought to be filled up with the eligible candidates by way of redeployment.