APPA RAO Vs. LIEUTENANT GOVERNOR AND OTHER

JUDGEMENT

(1.) Yesterday, an argument was advanced extensively by the learned advocate Mr. De, senior advocate for the petitioner for extension of interim order and for discontinuance of the interim order passed by this Court earlier by Dr. Devi Pal, senior advocate with his junior learned advocate Mr. S. Panda. The learned Judge while granting interim order recorded that on similar fact as mentioned in M.A.T. 21 of 2009 + C.A.N. 287 of 2009 with M.A.T. 22 of 2009 + C.A.N. 290 of 2009 similar order was passed on 16 Jan. 2002. Interim order passed on 16 Jan. 2009 is subsisting in the appeal also. Taking into the aforesaid fact, the learned Judge has passed the interim order without requiring in any notice to be served upon the respondents. Now on receipt of notice of this application, the respondents have come forward. Dr. Pal, while addressing the Court in support of discontinuance of this interim order, submits that it is a policy decision of the Government for reallocation and redistribution of staff strength and staff position. Under the provision of section 157 read with 119 of the Andaman and Nicobar Islands Panchayat Regulations, the Administrator-respondent has power to depute and post any of the officers who are serving under the Zilla Parishad. As such because of creation of new 'Zila Parishad consequent upon the creation of new district of North and Middle Andaman having head quarter at Mayabunder, it is necessary to re-distribute the staff so that both the Zilla Parishad can effectively managed and administered.

(2.) According to him, these officers being Junior Engineers by the impugned order will be working under Panchayati Raj Institutions as they are working now. Their service conditions and other facilities have not been changed at all. Actually, they are posted from one Zilla Parishad to another Zilla Parishad and they are not to be asked to serve in Government department unlike the previous matters in M.A.T. 21 of 2009 + C.A.N. 287 of 2009 with M.A.T. 22 of 2009 + C.A.N. 290 of 2009. Factually, in those two matters, staff strength sought to be distributed and posted in the P.W.D. and not Panchayati Raj institution.

(3.) According to him, it is well settled that the policy decision of the Government can not be interfered with ordinarily by this Court, unless of course the same is perverse, whether such decision is practical and impractical, hardly matters. He submits drawing my attention to the letters of appointment and the terms and conditions mentioned therein, their service is transferable and they may be posted subject to other order which may be passed by the administration. Almost all the officers except these petitioners have accepted this order. Under this circumstance, if the interim order continues, there will be serious impact in the works of Zilla Parishad.