B BABU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed seeking a writ of certiorari calling for the records relating to the order dated 24. 2. 2009 passed in VMA nos. 891 and 1040 of 2008 and MA No. 871 of 2008 with VMA No. 227 of 2009 with vma Nos. 894, 864 and 878 of 2009 in o. A. No. 6228 of 2008 and VMA Nos. 284, 285 and 286 of 2009 in O. A. No. 6228 of 2008 and for quashing the same.

(2.) THE petitioner is working as veterinary Assistant Surgeon, which is a gazetted category post specified under the presidential Order and it has to be filled up on zonal basis. A provisional combined seniority list of all the zones in the said cadre has been communicated by the director of Animal Husbandry vide proceedings dated 1. 7. 2008. The petitioner states that the said seniority list does not reflect that all the zones are given equal treatment and that it is heavily loaded against the employees working in Telangana area i. e. , Zones V and VI. While so, the posts of Assistant Director are sought to be filled up by preparing a list showing all the persons belonging to Zones-I to III as seniors depriving the persons belonging to zones IV to VI. The petitioner further states that the date of regularization given to the employees has been altered without giving any notice to them on the ground that some of the employees have not passed the departmental tests. The grievance of the petitioner is that as the post of Veterinary assistant Surgeon is a specified Gazetted post, where the unit of appointment is prescribed, unless zonal seniority is prepared, the final seniority list cannot be prepared. Hence, the petitioner and others filed O. A. No. 6228 of 2008 before the Tribunal questioning the provisional combined seniority list dated 1. 7. 2008 issued among Veterinary assistant Surgeons for the whole State. While admitting the said O. A. , the Tribunal has issued the interim order by suspending the said seniority list and thereafter, the same was vacated vide impugned order, as per which, the respondents are taking steps to effect promotions to the posts of Assistant director. Hence, the petitioner filed the present writ petition.

(3.) RESPONDENTS 10 to 12 filed counter-affidavit stating that they are directly recruited as Veterinary Assistant Surgeons sponsored by the Employment Exchange and that the ranking assigned at the time of selection was taken into consideration for promoting them to the posts of Assistant director. It is stated that the O. A. filed by the petitioners against a provisional seniority list is not maintainable. It is further stated that there is no rule prescribing the date of joining for determining the seniority and therefore, the inter-se seniority among the employees is the criterion for determining their seniority subject to application of rule 16 (h) of the Andhra Pradesh State and Subordinate Service Rules, 1996 (for short 'the Rules' ). It is also stated that the impugned proceedings deal with regularization of service and commencement of probation and there is nothing wrong in issuing the same. Hence, the writ petition is liable to be dismissed.