HONOURABLE SMT. JUSTICE T.MEENA KUMARI AND HON’BLE SRI JUSTICE G.V.SEETHAPAHY W.P. No.24110 of 2010 Dated 05-10-2010 Between: N.Jagmal Singh ……..Petitioner Vs. The Government of Andhra Pradesh, rep. by its Principal Secretary, Social Welfare Department, Hyderabad and others. ………Respondents HON’BLE SMT. JUSTICE T.MEENA KUMARI AND HON’BLE SRI JUSTICE G.V.SEETHAPAHY W.P. No.24110 of 2010 ORDER (Per TMK,J): This writ petition is filed against the order in V.M.A.No.1272 of 2010 in O.A.No.4375 of 2010, dated 30-07-2010 on the file of the 5th respondent-AP Administrative Tribunal (for brevity ‘the Tribunal), Hyderabad, and the order of the 3rd respondent-District Collector (Tribal Welfare), Nizamabad, in proceedings No.A1/1141/2010, dated 30-06-2010 and consequently direct the respondents 1 to 3 to reinstate the petitioner as District Tribal Welfare Officer (DTWO) (FAC) Nizamabad in pursuance to the orders dated 13-07-2010 of the 2nd respondent. 2. The case of the petitioner, in brief, is that initially he was appointed as a Junior Assistant in the Tribal Welfare Department and he was joined duty on 04-04-1984. He was promoted as Senior Assistant during the month of February 1988 and was further promoted as Superintendent on 08-06-2000 and he has been working in the same cadre to the utmost satisfaction of his superiors. While so, the post of DTWO, Nizamabad, fell vacant consequent on promotion of Smt. P.Savitri (DTWO), Nizamabad, as Deputy Director. The 3rd respondent by his proceedings dated 31-05-2010 has kept him as F.A.C. to the post of DTWO, Nizamabad. He reported to duty as DTWO (FAC), Nizamabad on 31-05-2010 and is being continued till now. While so, the 3rd respondent based on the representation of one R.Pandurang, Assistant Tribal Welfare Officer, Nizamabad, who is the 4th respondent herein, vide proceedings dated 30-06-2010, relieved him from the post of DTWO (FAC), and replaced the same with the 4th respondent. Aggrieved by the same, the petitioner approached the Tribunal, and filed O.A.No.4375 of 2010 seeking to set aside the orders dated 30-06-2010. The Tribunal by orders dated 02-07-2010, granted interim orders suspending the orders dated 30-06-2010. Aggrieved by the same, the 4th respondent filed V.M.A.No.1272 of 2010 in O.A.No.4375 of 2010. The Tribunal after considering the entire material on record, by order dated 30-07-2010, allowed the same and vacated the interim orders dated 02-07-2010. The same is challenged by the petitioner in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-III, appearing for the respondents 1 to 3. 4. The learned counsel for the petitioner contended that the petitioner being the senior most Superintendent is entitled to act as FAC to the post of the DTWO, and that the orders issued by the 3rd respondent are issued in accordance with law and therefore, the same are sustainable under law. Therefore, he submitted that the petitioner may be continued in the same post i.e. DTWO, Nizamabad. 5. The learned Government Pleader for R-1 to R-3 submitted that the petitioner is still continuing as F.A.C. in the post of DTWO, Nizamabad. He further submitted that the petitioner will be continued in the same cadre till the regular appointment is made in the post of DTWO, Nizamabad. 6. Recording the submission made by the learned Government Pleader for R-1 to R-3, without going into the merits of the case, we dispose of the writ petition with a direction to the respondents 1 to 3 to consider appointment of a suitable person to the post of District Tribunal Welfare Officer, Nizamabad, Nizamabad District, in accordance with law, within a period of three months from today. Till such time, the petitioner shall be continued as FAC in the post of District Tribal Welfare Officer, Nizamabad. 7. With the aforesaid direction, the writ petition is disposed of. No costs. ____________________ T.MEENA KUMARI,J 05.10.2010 __________________ G.V.SEETHAPATHY,J kvr