IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 762 of 2008 Between: Sarla Chinna Reddy S/o.Muthyala Reddy At Ashram School, D.Bhimavaram East Godavari District ..... PETITIONER AND The project Officer, Integrated Tribal Development Agency, Rampachodavaram, East Godavari District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the order of the Hon`ble Andhra Pradesh Administrative Tribunal dated 11.12.2007 made in OA.No.1910 of 2005 as well as the proceedings Rc.No.T17/984/2004-2 dated 21.4.2005 issued by the Respondent herein where under reverting the petitioner form the post of Gr.II Hostel Welfare officer even though he completed 6 years of service as Gr.II Hostel Welfare officer to the post Secondary Grade Assistant (SGT) and continuing some of the teachers as Hostel Welfare Officers from 1982 to till date and also some of the teachers were converned as Hostel Welfare officer by regularizing their services vide Memo No.13947/TW Edn.198-46 dated 18.10.2003 as well as according permission to the teachers working on deputation as Hotel Welfare Officer, (Gr.II) in various districts vide Memo No.8020/Ser VI-2-2004 dated 6.8.2004 as illegal, arbitrary, and also contrary to the Articles 14 and 21 of the Constitution of India apart from the violation of principles of natural justice and set aside the same and consequently direct the respondents to continue the petitioner as Gr.II Hostel Welfare officer and to pay the difference of salary from the date of issuing the impugned notice and pass Counsel for the Petitioner: SMT.S.V.INDIRA Counsel for Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus calling for the records relating to the order dated 11.12.2007 passed in O.A. No. 1910 of 2005 by the Andhra Pradesh Administrative Tribunal, Hyderabad, as well as the proceedings Rc.No.T17/984/2004-2 dated 21.4.2005 issued by the respondent reverting the petitioner from the post of Grade II Hostel Welfare Officer to the post of Secondary Grade Assistant by continuing some other teachers as Hostel Welfare Officers from 1982 and regularising their services as illegal and arbitrary and consequently to direct the respondent to continue the petitioner as Grade II Hostel Welfare Officer, the petitioner filed this writ petition. The petitioner herein filed the Original Application No. 1910 of 2005 assailing the order dated 21.4.2005, whereby the petitioner was reverted as Secondary Grade Assistant from Grade II Hostel Welfare Officer. Initially, the petitioner was appointed as Untrained Teacher and later he was promoted as Secondary Grade Teacher in 1989 and in the year 1998, he was promoted as Hostel Welfare Officer Grade II. It is averred that the Government has regularised the services of 12 teachers as Wardens/Matrons waiving educational qualifications of certain employees. The case of the respondents is that the petitioner was transferred and posted as Grade-II Warden temporarily in the existing vacancy in the year 1998. While so, the Commissioner of Tribal Welfare, issued instructions dated 15.12.2004 to the effect that the Adhoc Rules governing the post of Wardens and Matrons, do not have provision for appointment by transfer from the category of Teachers and accordingly, directed to take steps for reversion of such of those employees, who were promoted on that score. Thus, the impugned order came to be passed reverting the petitioner as Secondary Grade Teacher. The Tribunal, on extensive considerations of the respective contentions, observed that since there is no Rule which authorises the respondents to appoint Secondary Grade Teachers as Wardens, Grade – II, the petitioner cannot contend that the said appointment, either on deputation or on transfer, is valid and, therefore, relying on a decision of the Apex Court in State of Karnataka and Others Vs. Uma Devi and Others (2006) 4 SCC 1, held that the impugned order dated 21.4.2005 reverting the petitioner as Secondary Grade Teacher, cannot be said to bad. Aggrieved thereby the present writ petition is filed inter alia contending that when the respondent is continuing some other teachers, who were converted and transferred as Hostel Welfare Officer, the petitioner also deserves to be continued as Hostel Welfare Officer. Admittedly, there are no Special Rules governing the appointment to the post of Wardens and Matrons and there is no provision for appointment by transfer from the post of Secondary Grade Teacher to the post of Warden, Grade – II. Therefore, in the absence of any Special Rules, the Adhoc Rules shall govern the field. It is a settled law that if any appointment is made without there being any channel for such an appointment, the same is illegal and illegal appointments cannot be regularised. Therefore, having regard to the facts and circumstances of the case, we are of the considered view that the Tribunal is justified in negativing the relief sought for by the petitioner. Above all, an ad hoc promotion, like that of the petitioner in the instant case, will not give any right to the petitioner to be continued as such. Consequently, the writ petition fails and is accordingly dismissed at the stage of admission. No order as to costs. ____________________ T.MEENA KUMARI, J. __________________ G.CHANDRAIAH, J. March 3, 2008 MAS.