IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 3rd DAY OF NOVEMBER, 2009 W.P.No.12970 of 2007 Between: V. Mallikarjuna Reddy and another ….PETITIONERS and State of A.P., Rep. by its Secretary to Government, Municipal Administration Department, Secretariat, Hyderabad and others …RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.12970 of 2007 ORDER:( Per HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR) A batch of four O.As were disposed of by the Andhra Pradesh Administrative Tribunal by its order dated 11.12.2006. The relief prayed for in the said O.As. were two-fold namely (1) that while notifying the vacancies to be filled up through Andhra Pradesh Public Service Commission (APPSC) a Mandamus be issued to the Government compelling to notify all the vacancies which are fallen vacant; and (2) to include such posts as are required to be filled up by direct recruitment though the said posts having been filled up by promotees and those posts are not being notified while conducting direct recruitment through APPSC. The Tribunal considered the matter including the judgment of the Honourable Supreme Court in Civil Appeal No.1781 of 2006 dated 24.03.2006 and followed the direction of the Supreme Court regarding filling up of vacancies which was as follows. “……It is now well settled that it is for the State to fill up the posts. No writ in the nature of Mandamus can be issued directing the State to fill up the posts. As and when, however, posts are filled up, the same must be done in accordance with the Rules. We, are therefore, of the opinion that the impugned direction as contained in para (g) aforementioned cannot be sustained and the same is set aside accordingly. The appeal is disposed of on the above terms.” In view of the above, the Tribunal felt that it is not necessary to probe into the matter further so as to find out how many vacancies are available by the relevant date which are meant for direct recruitment in various departments. The O.As., therefore, were dismissed by the Tribunal. Questioning the orders of the aforesaid common order of the Tribunal, so far as O.A.No.1330 of 2006 is concerned, the present writ petition is filed by the applicants in the O.A. We have heard all the learned counsel appearing in the matter. It is brought to our notice that against O.A.No.60 of 2006 which was also decided in the said common order of the Tribunal impugned herein, W.P.No.195 of 2007 was filed before this Court by the petitioners therein and by order dated 31.03.2008 this Court set aside the order of the Tribunal and remanded the said O.A. for disposal afresh with respect to the contention of the petitioners therein that vacancies meant for direct recruitment are not being notified as those posts are being filled up by promotees. The said aspect is, therefore, now to be considered by the Tribunal. The aforesaid direction was issued by this Court in one of the O.As. decided in the common order passed by the Tribunal impugned in the present case. We follow the said direction, by setting aside the impugned order in O.A.No.1330 of 2006 and remitting the said O.A. to the Tribunal for consideration afresh relating to the question raised therein as to whether such posts meant for direct recruitees are also required to be notified though those posts are already filled by promotees. The writ petition is, accordingly, allowed and O.A.No.1330 of 2006 is remanded to the Tribunal with a request to hear and determine the issues remitted herein preferably within a period of six months from the date of a receipt of a copy of this order. No order as to costs. __________________ V.ESWARAIAH, J ____________________________ VILAS V.AFZULPURKAR, J Date: 03.11.2009 CVRK