HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 12029 OF 2011 Between: I.Koteswara Rao S/o Sankara Sastry, aged about 57 years ………….Petitioner AND The State of Andhra Pradesh represented by its Secretary Roads and Buildings Department, Secretariat and four others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the order-dated 25.3.2011 passed in O.A.No. 8383 of 2010 by the Andhra Pradesh Administrative Tribunal and to quash the same as illegal and also set aside the consequential orders of the second respondent dated 18.1.2011 by declaring that the petitioner is entitled to continue as Assistant Technical Officer at R&B Circle Office, Kurnool in terms of the proceedings of the second respondent dated 26.11.2010. Brief facts of the case are that the petitioner while working as Junior Technical Officer, he was promoted as Assistant Technical Officer vide proceedings dated 27.3.2010 and posted at Adoni, Kurnool District and he joined as such on 1.4.2010. It is stated that on account of ill-health of the petitioner, he proceeded on leave on 26.8.2010 and the same was extended up to 22.11.2010 on medical advice and after recovering the same, he submitted a detailed representation on 23.11.2010 to the Secretary, Roads and Buildings Department- first respondent herein, requesting him to accommodate at Kurnool on spouse grounds as his wife is working as an Attender in Irrigation Department at Kurnool. But the first respondent without considering his representation, issued proceedings dated 26.11.2010 posting one J. Koteshwara Rao as Assistant Technical Officer at Kurnool in the existing vacancy on promotion denying the request of the petitioner. Aggrieved by the same, the petitioner herein filed O.A and the Tribunal disposed of the O.A observing that the Government has taken into consideration the medical grounds and spouse factor, which were in favour of the applicant and have conceded to the request of the applicant which cannot be faulted. Aggrieved by the same, the present Writ Petition is filed. The learned counsel appearing for the petitioner submits that the first respondent vide his proceedings dated 26.11.2010 ought not to have posted one J. Koteshwara Rao as Assistant Technical Officer at Kurnool in the existing vacancy on promotion denying the posting of the petitioner at Kurnool. On the other hand, the learned Government Pleader for Services II submits that under the provisions of GOMs No. 196 dated 22.7.2009, the Government alone is competent to pass orders and therefore, the Government entertained the representation submitted by the petitioner and passed orders. Heard the learned counsel appearing for both sides and also perused the material made available on record. It is on record, that in this particular case, the government especially taking into consideration the medical grounds and the spouse factor, which were in favour of the petitioner, considered the request of the petitioner and passed orders on the representation made by the petitioner. Be that as it may, the Supreme Court in L. CHANDRA KUMAR VS. UNION OF INDIA[1], also observed as under: “The jurisdiction conferred upon the High Courts under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution is a part of the inviolable basic structure of our constitution. While this jurisdiction cannot be ousted, other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution.” In view of the above facts and circumstances of the case and also in view of the above judgment of the Supreme Court reported in L. CHANDRA KUMAR VS. UNION OF INDIA, we do not find any infirmity or illegality in the order passed by the Tribunal and the Writ Petition fails and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 06.06.2011 KA Note: Furnish copy in three days. ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies. [1] (1997) 3 SCC 261