SADU SINGAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The facts of the case are that the Petitioner offered his candidature in pursuance of a notification issued by the APPSC. He claimed himself as a local candidate of Zone-III (based on his place of birth and studies). The APPSC selected him and appointed to the post of Statistician (Assistant Statistical Officer) in Zone-I as a candidate of SC Non Local with order of merit 4432. He continued to work as Statistician/ASO in Zone-I. He was sought to be repatriated in terms of the decision taken pursuant to G.O.Ms.No.610 dtd. 30/12/1985 and G.O.Ms.No.674 dtd. 7/9/2007, by G.O.Ms.No.18 dtd. 4/12/2008. Consequential orders were passed on 20/12/2008. Petitioner challenged the said order dtd. 4/12/2008 and consequential order dtd. 20/12/2008 in O.A.No.2425 of 2009. Petitioner continued to work in Zone-I despite the above said G.O.Ms.No.18 dtd. 4/12/2008 and consequential order dtd. 20/12/2008. During the year 2011 several of his juniors were promoted by proceedings dtd. 23/7/2011. It is stated that the O.A. filed by the petitioner against his repatriation to Zone-III was disposed of on 23/4/2012. The Writ Petition was against the batch of cases in W.P.No.15712 of 2012 were disposed of on 21/11/2012. Thereafter, the Petitioner was again sought to be repatriated by proceedings dtd. 11/4/2018. The said proceedings dtd. 4/11/2018 and consequential proceedings dtd. 25/4/2018 were challenged in O.A.No.780 of 2018 before the A.P. Administrative Tribunal and obtained interim order dtd. 24/4/2018. The said interim order is in force till today and later, the said interim orders also made absolute.

(3.) The counter affidavit has been filed by the respondents No.1 and 2. While denying the allegations made in the petition, inter alia, contended that, the petitioner and 14 others were repatriated to their native zones vide proceedings No.1146/Admn.II/ASOs/Hqrs/2015, dt. 11/4/2018. Aggrieved by these repatriation orders, the petitioner filed OA 780/2018 in Hon'ble APAT and the Hon'ble APAT granted interim orders dtd. 24/4/2018. As per interim orders of the Hon'ble APAT, the petitioner was retained in the appointed zone, i.e., Zone-l in the same Office vide this Office proceedings No.1146/Admn.II/ASOs/Hqrs/2015, dt. 15/5/2018. It is stated that the WP No.17483/2019 filed by this Office against the absolute orders dtd. 24/1/2019 on repatriation of the Hon'ble APAT is still pending for hearing before the Hon'ble High Court. It is ambiguous that the petitioner may be continued either in the appointed zone or in the native zone, his seniority including ROR points will be disturbed. Moreover, his juniors in the list will also be affected. Since, the hearing on the WP No.17483/2019 filed by this Office on repatriation is still pending before the Hon'ble High Court and also not obeying the repatriation orders of this Office by the petitioner, his candidature is not considered for promotion.