IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :3505 of 2008 Between: 1 The State of A.P. , Rep. by its Principal Secretary to Government (C & AM) Agriculture and Cooperation (AM.II) Department, Secretariat, Saifabad, Hyderabad. 2 The Commissioner and Director of Agricultural Marketting Government of Andhra Pradesha, Burgula Ramakrishna Rao Building, Hyderabad. ..... PETITIONERS AND 1Nandamuri Sankar S/o.N. Venkata Ratnam Guntur, Presently working at the O/o. Exe. Engineer (TR) Hyderabad. 2Y.S.A.A.V.S.R.K. Prasad S/o. Y. Venkata Ramaiah Vijayawada, Presently working at the O/o. Exe. Engineer , Guntur. 3P.V.S. Chalapathi Rao S/o. P. Venkata Swamy Vijayawada, Presently working at the O/o. Executive Engineer , Guntur. 4M. Shamshuddin S/o. M. Sirajuddin Vijayawada, Presently working at O/o. Dy. Executive Engineer , Khammam 5K.S.C. Bose S/o.K. Koteswara Rao Ongole Presently working at O/o. Dy. Executive Engineer ,Kakinada. 6P. Seshagiri Rao S/o. P. Venkateswara Rao Ongole Presently working at O/o. Dy. Executive Engineer , Vijayawada. 7K. Tata Rao S/o. Surya Rao Hyderabad. 8D. Veerabhadra Rao S/o. D. Anjaiah Vijayawada. 9B.P. Pitchi Reddy S/o. Subba Reddy Vijayawada, Presently working at O/o. Executive Engineer, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dt. 10-7-2007 in OA No. 6079/2002 on the file of the A.P. Administrative Tribunal, Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law and erroneous and pass Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondents: The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :3505 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order passed by the tribunal in O.A.No:6079 of 2002 on 10.7.2007. The petitioners herein are the respondents and the respondents herein are the applicants before the tribunal. Originally, the applicants have filed the O.A. seeking to set aside the G.O.Ms.No:226, Agriculture & Cooperation (Marketing.II) Department, dated 21.6.2002 of the 1st respondent therein and direct the respondents therein to treat the applicants as to have continued in the service of the central market fund service without any let or hindrance with all other attendant benefits and declare that the applicants cannot be repatriated to the service of their former employer. The tribunal having observed that it cannot be said that the absorption of the applicants is in violation of any rules or the constitutional scheme and in this case, the applicants were absorbed in the year 1994-95 by the government and therefore, the question of regularization of the services of the applicants in terms of the guidelines laid down in the judgment of the Apex Court reported in SECRETARY, STATE OF KARNATAKA V UMA DEVI AND OTHERS ([1]), is not required and apart from that, before passing the impugned order of cancellation, the respondents have not issued any notice to the applicants who are holding permanent posts, allowed the O.A setting aside the impugned G.O. Having aggrieved by the same, the present writ petition is preferred by the respondents in the O.A. Heard the learned counsel and perused the entire material available on record as well as the order impugned. The learned Government Pleader contended that the Government issued orders in G.O.Rt.No.548, dated 25.4.1994 and G.O.Ms.No.585, dated 18.5.1995 permitting the Director of Marketing to take the applicants on deputation by relaxing the rules 3(3)(ii) of the Central Market Fund service Rules with a condition that they should take the last rank among all the existing Assistant Engineers and accordingly, their services were absorbed. But the said absorption itself is contrary to the provisions of the Act 2 of 1994 and therefore, the order impugned in the O.A., has been issued. It is further contended that the order of the tribunal is not justified and at the same time, the same is contrary to the provisions of Act 2 of 1994 and therefore, the order of the tribunal is liable to be set aside. The fact that remains undisputed is that the services of the applicants have been absorbed in the Marketing Department during the year 1994-95 and that before passing the order impugned in the O.A, the applicants have not been served with any notice. Now, it is the case of the respondents-writ petitioners that the absorption of the applicants in the Marketing Department is against the provisions of the Act 2 of 1994 for the reason that the same has not been followed by any interview or examination. At this juncture, having relied on the principles laid down by the Apex Court as mentioned in the order impugned and having relied on the ground that the order impugned has been issued without issuing any prior notice, the tribunal has thought it fit to set aside the order impugned therein. In this regard, it is relevant to refer to the letter of APHMEL addressed to the Director of Marketing on 8.2.1995, wherein it is recited thus: “The APHMEL confirms that the applicants are permanent employees of their organization, and that they have no objection for absorption of the applicants in the Marketing Department.” There is also no dispute with regard to the above letter. From the contents of the said letter it is obvious that the applicants are the permanent employees of APHMEL and that the Government by relaxing the special Rules took the applicants on deputation and later, absorbed them in the service of the Marketing Department. Under the above circumstances coupled with the above letter and the voluntary action of the authorities in absorbing the applicants by relaxing the rules, We have no hesitation to hold that the order impugned herein needs no interference by this Court. This writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ____________________ Justice T.Meena Kumari ___________________ Justice S.Ashok Kumar Dated:25.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :3505 of 2008 (Division Bench Order delivered by the Honourable Smt. Justice T.Meena Kumari) 25/03/2008 [1] 2006 (4) SCC PAGE 1