K ANANT REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, a member of the Andhra Pradesh Engineering Service, has filed this Writ petition for the issue" of a writ in the nature of mandamus or any other appropriate writ directing the respondents not to proceed with the inquiry initiated against him pursuant to G.O.Ms. No. 1074 P.W. D., dated 9th August, 1971 and to further direct the respondents to give him posting orders in accordance with the judgment of this Court in W.P. No. 1057 of 1963 and batch dated 23rd February, 1968.

(2.) The facts leading to the filing of the Writ petitions are these: The petitioner is a graduate in Engineering. He joined in the Engineering Service of the erstwhile Government of Hyderabad in 1949 as a graduate supervisor. In 1954, he went on study leave to the United States of America and obtained M.S. degree in Civil Engineering from the University of Wisconsin, Madison in 1955. On his return from study leave, he Was allotted to the State of Andhra Pradesh. In January, 1958, he was promoted as an Assistant Engineer. As he was given a reduced scale of pay admissible to the Assistant Engineers of Andhra Cadre, he filed W.P. No. 767 of 1962 which was dismissed by this Court observing that it is a matter which the Government of India has to decide. In 1961, the petitioner went on three months leave. That leave was granted on loss of pay treating him as a temporary employee. That was again assailed by filing a writ petition in this Court. That Writ petition Was dismissed with certain directions by this Court. He next complained that the Government of Andhra Pradesh was promoting his juniors from the Andhra Region without preparing a common gradation list, by filing W.P. No. 1057 of 1963. Later, he filed some more Writ petitions, W.P. No. 175 of 1964 in this Court and W.P. No 115 of 1964 under Article 32 of the Constitution in the Supreme Court assailing the validity of certain regularisations made and denial of promotion to him as an Executive Engineer. The Supreme Court, it would appear from the petition, said that the list sent to the Central Government was only provisional. The State Government filed an affidavit stating that they Were ready and willing to abide by the decision of the Government of India on the representations made by the petitioner and other members of tbe erstwhile Hyderabad Service. The Government of India allowed the representations made by the petitioner and others. The validity of the decision of the Government of India was challenged by the Engineers of Andhra Region in W.P. No. 1363 of 1966. On the suggestion or representations made by the State Government, the Government of India reversed their earlier orders. Then, a batch of writ petitions was filed assailing the decision of the Government of India dated 24th December, 1966. The petitioner had also filed a separate writ petition. This Court upheld the validity of the decision of the Government of India dated 24th December, 1966 and quashed the subsequent decision. Then, the petitioner addressed a letter to the Secretary, P.W. D. (2nd respondent) on 20th May, 1969 asking the Government to implement the orders of this Court and give him a suitable posting to enable him to join duty forthwith. It is the petitioner's case that he was on leave from 1st June, 1964 to prosecute the Writ petition he had filed in this Court. It is also the case of the petitioner that the State Government failed to implement the decision of this Court dated 23rd February, 1968 rendered in a batch of writ petitions and without implementing the judgment of this Court, he was asked to join duty on or before 31 st May, 1969. It is further alleged that he asked for a posting in accordance with the directions given by this Court and no such posting was given to him. A memo dated 23rd May, 1969 Was however, given to him intimating that he was put in charge of the post of Executive Engineer, Constuction Division No. 3 Godavari Valley Circle No. 4 and was advised to join duty on 1st Tune, 1969 and if possible even earlier. It is complained that the Government had not at all answered the questions raised by him in his letter requesting for a posting in accordance with the directions given by this Court in its judgment dated 23rd February, 1968 in a batch of writ petitions. The petitioner alleges that again on 3oth May, 1969 he requested the Chief Engineer (General) to implement the judgment of this Court and give him a posting order in accordance with the judgment of this Court. It is not necessary for the purpose of this writ petition to refer to the various other allegations made in the writ petition. It would appear that Contempt Cases Nos. 39 and 48 of 1969 were later filed by the petitioner complaining that the directions of this Court were not implemented. This Court dismissed these applications on 4th February, 1970 observing that,

(3.) The various allegations made by the petitioner in his petition have been denied in an affidavit filed by the Assistant Secretary to the Government on behalf of the Government.