THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.17803 OF 1999 O R D E R Heard both the counsel. 2. The petitioner was appointed in the year 1977 as Proof Reader in the oﬃce of the A. P. State Chambers of Panchayt Raj –4th respondent, and continued till 22.3.1988 and on deputation, joined in the oﬃce of the 5th respondent – Zilla Parishad Secondary School (Girls), Cheryala, Warangal District and continued beyond ﬁve years period of deputation and it is alleged that his name was also included in the seniority list of employees of the 5th respondent in the year 1998. While so, the Commissioner Panchayat Raj, Special Oﬃcer, A. P. State Chambers of Panchayt Raj, Hyderabad passed orders vide Lr.No.A1-95/89 dated 16.2.1998 to relive the petitioner and the deputation orders were cancelled by oﬃce proceedings No.B4/5348/99 dated 17.8.1999 and accordingly the 5th respondent by proceedings in Lr.No.430/99 dated 19.8.1999 relieved the petitioner with instructions to report before the 4th respondent. The case of the petitioner is that since he is working beyond the period of deputation, he shall be absorbed in the foreign department since the Government by issuing G.O.Ms.No.307 dated 21.7.1998 closed the 4th respondent and introduced voluntary retirement scheme. 3. The Chief Executive Oﬃcer ﬁled counter aﬃdavit and while referring the facts of appointment of the petitioner and the deputation and the subsequent cancellation and also issuance of G.O.Ms.No.307 for closing the organization, stated that unless an employee is appointed by transfer, he cannot be a member of other department. With these averments and stating that the claim of the petitioner, as baseless, sought to dismiss the writ petition. 4. The learned counsel appearing for the petitioner submitted that challenging the G.O.Ms.No.543 Panchayt Raj, Rural Developkent and Relief (MDL.II) Department dated 3.7.1995 in abolishing the Andhra Pradesh State Chambers of Panchayt Raj, W.P.No.23671/1996 was ﬁled and a learned single Judge of this court by order dated 16.11.2005 set aside the order and held that the institution which was created by G.O.Ms.No.924 Planning and Local Administration (Panchayats-II) Department dated 15.6.1961 and subsequently registered under the Andhra Pradesh (Telangana Area) Public Societies Act, 1350F, cannot be wound up by an executive order by G.O.Ms.No.543 dated 3.7.1997. The said order was conﬁrmed in the writ appeal in W.A.No.277/2007 dated 5.4.2007 and hence the question of winding up of the 4th respondent will not arise and as the petitioner is working and also attained the age of superannuation, the voluntary retirement scheme introduced under G.O.Ms.No.307 dated 21.7.1998 cannot be put to the petitioner for option and consequently the proceedings No.B4/5348/99 dated 17.8.1999 in canceling the deputation proceedings and relieving orders dated 19.8.1999 are illegal and are liable to be set aside. 5. The learned counsel appearing for the respondents reiterating the averments made in the counter aﬃdavit sought for dismissal of the writ petition. 6. The appointment of the petitioner in the 4th respondent in the year 1988 and his subsequent deputation to the 5th respondent – School and continuation till 1999, are not under dispute. It is to be noticed that this court while admitting the writ petition on 23.8.1999 passed interim directions and in pursuance thereof he continued in the 5th respondent School. The petitioner at the time of ﬁling of the writ petition was aged 49 years and by virtue of the interim orders he continued in the 5th respondent and on attaining the age of superannuation he retired from service. 7. The Government issued G.O.Ms.No.543 dated 3.7.1995 for winding up of the Andhra Pradesh State Chambers of Panchayt Raj. Challenging the same, the employees or their legal representatives, ﬁled W.P.No.23671/1996 and by order dated 16.11.2005 a learned single Judge held that though the institution was created initially by an executive order in G.O.Ms.No.924, Planning and Local Administration (Panchayats-II) Department dated 15.6.1961, as it was subsequently registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 F, the same cannot be abolished by an executive order. The same said order was conﬁrmed in W.A.No.277/2007 dated 5.4.2007. Therefore, it is clear that the institution in which the petitioner joined initially is not abolished. 8. Further it is to be noticed, as submitted by the counsel for the petitioner, the petitioner retired from service on attaining the age of superannuation in the 5th respondent and the voluntary retirement scheme introduced under G.O.Ms.No.307 dated 21.7.1998 was not given eﬀect to. As the parent institution is not closed and as the petitioner continued in the 5th respondent and retired on attaining superannuation, therefore, having regard to the peculiar facts and circumstances, the impugned proceedings cannot be allowed to sustained and accordingly they are set aside and the writ petition is allowed. No costs. AVS ------------------------- -- 28.08.2008