K. MOHAN RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed aggrieved by the order dtd. 16/12/2015 in O.A.No.6925 of 2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, wherein and whereby the Original Application was filed by the petitioner challenging G.O.Ms.No.194 dtd. 8/12/2015 issued by the 1strespondent in so far as the petitioner is concerned allotting him to Telangana State has been dismissed.

(2.) The case of the petitioner is that he was initially appointed as Forest Range Officer in the year 1992 in Zone-V, which now comes under the State of Telangana. The petitioner was further promoted as Assistant Conservator of Forests in the year 2010. The Composite State of Andhra Pradesh was bifurcated into Residuary State of Andhra Pradesh and new State of Telangana with effect from 2/6/2014. In view of A.P. Reorganisation Act, 2014 (in short 'the Act, 2014), the petitioner submitted his option for allotment to either of the State as per his eligibility as such, the petitioner was allotted to State of Andhra Pradesh vide Notification dtd. 2/6/2015. After issuing the tentative allotment, the petitioner made an application to allot him to State of Telangana instead of Andhra Pradesh on16/6/2015. Subsequently, before finalization of permanent allotment, the petitioner made another application on 11/8/2015 withdrawing the earlier request made for allotment to the State of Telangana instead of State of Andhra Pradesh. However, the Government issued G.O.Ms.No.194 dtd. 16/6/2015 allotting the petitioner to the State of Telangana. Questioning the same, the petitioner filed O.A.No.6925 of 2015 before the Tribunal. The Tribunal dismissed the OA, by order dtd. 16/12/2015 on the ground that the petitioner gave third option through letter dtd. 11/8/2015 beyond two weeks/14 days of publication of tentative allocation and there is no provision therefor and in the absence of any such provision, the administrative mechanism under the State Reorganization relating to allocation of employees did not take note of the same and after allocation of all the posts in the cadre, there are no posts left to be allocated, particularly in Telangana State. Assailing the said impugned order of the Tribunal, the present writ petition came to be filed.

(3.) This Court passed an order dtd. 21/12/2015 to maintain status- quo of the petitioner as on that date.