B. KAVITHA Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India, challenging the order, dated 29 -04 -2014 in Original Application No. 970 of 2013 (for short 'O.A.') on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal').

(2.) O .A. No. 970 of 2013 was filed by the petitioner herein along with 7 others stating that notification No. , dated 29 -12 -2012 was issued calling for applications for recruitment to the post of Child Development Project Officer (for short 'CDPO') in Women Development and Child Welfare Service notifying 107 posts, Breakup vacancies are 28 for Multi Zone I and 79 for Multi Zone II for Women. In the said notification, it is made clear that the selection shall be made on State Wide merit and the candidates selected would be allotted to Multi Zone I & it at Note -5 r/w Para -8 of the Notification, which is contrary to the provisions of the Presidential Order and also Special Rules issued in G.O. Ms. No. 5, dated 01 -02 -2001. The 1st respondent has no authority or power to make selections on the basis of State -wide merit when the post comes under Multi zone cadre as per the provisions of the Presidential Order. The 1st respondent relied on Government letter No. 5012/Estt. A2/2011, dated 21 -06 -2012, which is contrary to the earlier letter of the Government of the same department, vide letter No. 5012/Estt. A2/2011, dated 04 -01 -2012, wherein a detailed instructions have been issued after constituting a High Level Committee of the Secretaries. Therefore, the letter, dated 21 -06 -2012 is null and void. When a similar situation, arose in Notification No. 12/2004, which was impugned before the Tribunal in O.A. Nos. 5115 of 2007, 3897 of 2008 and 6405 of 2007, the Tribunal found fault with the selection of candidates on the basis of State -wide merit and disposed of the matter by declaring the action of the Andhra Pradesh Public Service Commission (for short 'APPSC') is illegal and contrary to the provisions of law. In the earlier Notification No. 8/2010, dated 25 -06 -2010, it is mentioned that the selections will be made on the basis of Multi -zone wise. The stand of APPSC that the post of CDPO is not organized under the Presidential Order at Sub -para 3 of Para -8 is absurd since the posts which are organized in the above sub para are zonal cadre posts. Pursuant to the above Committee decision, the 2nd respondent addressed a letter, dated 04 -01 -2012 to APPSC based on the above meeting and found fault with APPSC making the post of CDPO as State Level Selections in stead of Multi -zone selection. Respondents 1 and 2 have not followed the provisions of the Presidential Order, Special Service Rules and Govt. Letter, dated 31 -12 -2007 and order of the Tribunal. The Government in G.O. Ms. No. 541, G.A. (SPF.A) dept., dated 08 -08 -1977 organizing the post of CDPO to two Multi -zones viz.., Multi -zone I & Multi -zone II. In spite of Government clear instructions, APPSC for the reasons best known to it, started illegal selection process. Rule 11 of G.O. Ms. No. 5, dated 01 -02 -2001 clearly says that it should be filled up the vacancies from Multi -zone wise, not for the State -wide merit and 4th respondent is appointing authority, unit of appointment for the purpose of recruitment, discharge for want of vacancy, re -appointment and seniority etc., CDPO is equivalent to Women and Child Welfare Officer (for short 'WACWO'), as these posts were equated with that of WACWO in G.O. Ms. No. 760, WD & CW, Dept., dated 21 -09 -1981. As per G.O. Ms. No. 541, dated 08 -08 -1977, the post of WACWO is Multi -zone cadre. Therefore, they pray to declare the Notification No. , dated 29 -12 -2012 issued by the 1st respondent insofar as Note -5 r/w Para -8 of the said Notification as the post of CDPO is to be filled by drawing State -wide merit is concerned as illegal and arbitrary and contrary to the provisions of Presidential Order and G.O. Ms. No. 541, dated 08 -08 -1977 and quash the same and consequently declare that the post of CDPO is to be filled up on the basis of Multi -zone wise.

(3.) THE Tribunal after considering the material on record, held that as the post of CDPO is not included in Sub -para (3) of para 8 of Presidential Order, it cannot be treated as Multi -zonal post. Therefore, the notification in question cannot be held bad in law and accordingly dismissed the O.As. Aggrieved thereby, the present writ petition is filed.