IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6548 of 2005 Between: T.Muni Kumar … Petitioner And The District Collector, Panchayat wing, Kurnool and another … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6548 of 2005 ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) Expedite petition is filed and the same was allowed. The writ petition itself is taken up for hearing. This writ petition is filed challenging the order passed by the A.P. Administrative Tribunal in O.A.No.1318 of 2003 with V.M.A.No.934 of 2003 and C.A.No.931 of 2003, dated 25.02.2005 contending that the petitioner was appointed as unaided Record Assistant in K.V.N.High School, Allagadda by proceedings dated 19.08.1996. On issuance of the notification for recruitment, to the post of Panchayat Secretary, petitioner appeared before the selection Committee and was appointed as Panchayat Secretary by proceedings dated 19.08.2002. By proceedings dated 30.01.2003 his appointment to the post of Panchayat Secretary was terminated reverting him to the post of Record Assistant in K.V.N.High School and the said post was also filled up after he was relieved from the said post or appointed to the post of Panchayat Secretary and as a result, he lost both the employment. Hence, he filed O.A.No.1318 of 2003 before the A.P.Administrative Tribunal, Hyderabad, in which he obtained an interim order on 27.02.2003 suspending the proceedings dated 30.01.2003, with a direction to continue him in service. The respondents, filed V.M.A.No.934 of 2003 for vacating the interim order passed in O.A.No.1318 of 2003, dated 27.02.2003. Since the interim order has not been implemented, the petitioner filed C.A.No.931 of 2003 under Section 17 of the Administrative Tribunals Act to punish the respondents for not implementing the interim order passed on 27.02.2003. The Tribunal by the impugned order dated 25.02.2005 dismissed the O.A., vacating the interim order granted earlier and disposed of the contempt, holding that the appointment of the applicant, who was appointed as Record Assistant – unaided post in the aided institution, to the post of Panchayat Secretary as per rule prescribed in G.O.Ms.No.369, dated 12.12.2001 contemplates filling up of the post by transfer from surplus man power pool maintained by the finance department, but the post of Record Assistant, which was held by the petitioner is not a feeder post and further it is not the case that he has been declared as surplus and his name is found in the surplus list maintained by the Government. Therefore, the petitioner/applicant is not entitled to be appointed as Panchayat Secretary and since the respondents have admitted that the petitioner has been appointed by mistake, revering him to the parent department as Record Assistant is justified and accordingly dismissed the O.A. Questioning the same, the present writ petition is filed. The learned counsel for the petitioner submits that by virtue of the order passed on 30.01.2003 reverting him back, he is not in a position to join neither as Record Assistant nor as Panchayat Secretary and therefore, he lost both the jobs and this court in identical matters confirmed the order passed by the Tribunal, but directed payment of the salaries from the date of suspension of the order by the Tribunal till the date Tribunal dismissed the order. Suffice if a direction is issued to pay the salaries from 27.02.2003 till the dismissal of O.A. by the Tribunal i.e., on 25.02.2005. This court in W.P.Nos.14472, 14981, 18945 and 19330 of 2003 held that G.O.Ms.No.369, dated 12.12.2001 contemplates that it must be by transfer from surplus manpower pool maintained by the finance department and, therefore, the Tribunal correctly observed that the very appointment itself is contrary to the statutory rules and inasmuch as the writ petitioners therein were not transferred from the surplus man power pool maintained by the finance department, there is no illegality in the termination of their services as Panchayat Secretary and dismissed the writ petition directing the authorities for payment of the salaries from the date of interim suspension of the termination order till the O.A. is disposed of. But the same is not the case on hand. In the present case, immediately after passing the interim suspension order by the Tribunal, the department filed petition to vacate the interim order and it was pending. Therefore, the Tribunal disposed of the C.A., filed to punish the respondents for non-implementation of the orders, on the ground that the respondents have not committed any mistake and thus the vacate petition was taken up for hearing together with O.A. and by the impugned order vacated the interim suspension granted earlier, while dismissing the O.A. In view of the same, the petitioner is not entitled to the salary for the period claimed by him. Since the petitioner’s appointment is irregular and contrary to the rules framed in G.O.Ms.No.369, dated 12.12.2001, the orders passed by the Tribunal dismissing the O.A., does not suffer from any manifest illegality warranting interference. Writ petition fails and is accordingly dismissed. No costs. __________________ A.GOPAL REDDY, J ________________ NOUSHAD ALI, J 23rd December 2009 LMV