THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.18445 OF 2009 Dt.5.10.2009 Between; The Commissioner, Rural Development Department Government of Andhra Pradesh, Hermitage Complex, Adarshanagar, Hyderabad. .. Petitioner And P.Yegonda Swamy .. Respondent THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.18445 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) Heard both the learned counsel. The respondent herein was appointed as Typist in Zilla Parishad, Medak on 9.4.1998. While so, he was taken on deputation from the Zilla Parishad, Medak to the office of the Commissioner, Rural Development Department, Government of Andhra Pradesh, Hyderabad in August, 2002. The department was bifurcated from the office of the Commissioner, Panchayat Raj in the year 1993 and is being run with the staff taken on deputation. The respondent was promoted as Senior Assistant vide proceedings dated 18.8.2007 on conditional basis in the existing vacancy temporarily subject to outcome of the court case pending for absorption. It is also stated that the said promotion is without prejudice to his position in the parent department. It is stated that in the parent department the respondent has not earned any promotion to the post of Senior Assistant and the parent department has not given any consent for his absorption in the office of Commissioner of Rural Development. Therefore, the Commissioner of Rural Development passed orders dated 16.12.2008 cancelling the conditional promotion on the ground that the parent department has not responded for his absorption in the office of the Commissioner of Rural Development. Aggrieved by the said order, the respondent filed O.A.No.4810 of 2009 on the file of the Andhra Pradesh Administrative Tribunal and the Tribunal by order dated 30.4.2009 allowed the O.A. on the ground that the Chief Executive Officer, Zilla Parishad, Medak vide letter dated 25.2.2006 requested the Commissioner to take steps for absorption and the said correspondence itself should have been treated as ‘no objection’ from the Chief Executive Officer, Zilla Parishad, Medak and accordingly the reversion order dated 16.12.2008 was set aside and directed the writ petitioner to continue the applicant/respondent herein as Senior Assistant pending his absorption in the Commissionerate of Rural Development. Aggrieved by the said order of the Tribunal, the Commissioner, Rural Development Department filed this writ petitioner in the nature of writ of Certiorari. Learned counsel appearing for the respondent/applicant submits that the Chief Executive Officer, Zilla Parishad, Medak had no objection vide letter No.B1/803/96, dated 13.7.2009, for absorption of the respondent in the office of the petitioner subject to the outcome of the court case, if any. Learned Government Pleader appearing for the petitioner submits that the said no objection letter has been issued after the impugned orders of the Tribunal. We are of the opinion that the Tribunal has rightly taken into consideration the earlier letter of the Chief Executive Officer, Zilla Parishad, addressed to the Commissioner, Rural Development on 25.2.2006 requesting the Commissioner to take steps for absorption of the respondent/applicant. Even after the disposal of the O.A., the Chief Executive Officer, Zilla Parishad, Medak, addressed a letter dated 13.7.2009 expressing his no objection for the absorption of the respondent in the office of the petitioner. Therefore, we are of the opinion that the petitioner cannot presume that there was some objection from the parent department for absorption of the respondent in the office of the Commissioner of Rural Development. In view of the aforesaid facts and circumstances of the case, we do not see any infirmity legal or otherwise to interfere with the order of the Tribunal. The writ petition is accordingly dismissed keeping it open for the petitioner to pass appropriate orders for absorption of the respondent in view of the earlier letter dated 25.2.2006 of the Chief Executive Officer, Zilla Parishad, Medak as well as the present letter No.B1/803/96, dated 13.7.2009, in accordance with law. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 5.10.2009 kpr