IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 28573 of 2008 Between: 1 G. Srinivas S/o. Pandurang Bhubarathi Integrated Land Information System (I.L.I.S.), Nizamabad 2 G. Venkateshwarlu S/o. Hanmanlu Bhubarathi Integrated Land Information System (I.L.I.S.), Nizamabad 3 Manoj Kumar S/o. Ramakishen Rao Bhubarathi Integrated Land Information System (I.L.I.S.), Nizamabad 4 K. Srinivas S/o. Venkateshwarlu Bhubarathi Integrated Land Information System (I.L.I.S.), Nizamabad 5 T. Jagannath S/o. Rajeshwar Bhubarathi Integrated Land Information System (I.L.I.S.), Nizamabad ..... PETITIONERS AND 1 The Regional Deputy Director Survey and Land Records Hyderabad. 2 The Director Survey, Settlement and Land Records A.P., Hyderabad. .....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 in the nature of Certiorari calling for the records relating to the Judgment of the A.P. Administrative Tribunal in O.A.No. 7628 of 2008, dated 5-12-2008 and struck down the same and consequently hold that the petitioners are entitled for repatriation to District Maintenance Unit (D.M.U. Unit), Nizamabad in the existing vacancies on the analogy of repatriation of similarly situated person and junior to the petitioners vide Proc.No. A2/5486-08, dated 2-9-2008 issued by the Regional Deputy Director, Survey and Land Records, A.P., Hyderabad. Counsel for the Petitioner:MR.D.BALA KISHAN RAO Counsel for the Respondents: GP FOR SERVICES II The Court made the following : ORDER: (Per GM, J) This writ petition is filed seeking a writ of certiorari to quash the order dated 05.12.2008 passed in O.A.No.7628 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad and consequently hold that the petitioners are entitled to repatriation to the District Maintenance Unit (hereinafter referred to as ‘D.M.U’), Nizamabad, in the existing vacancies. The petitioners were originally recruited as Deputy Surveyors in D.M.U, Nizamabad and promoted as Surveyors in the same unit. Thereafter, the petitioners along with one Sri A. Kishen, who is junior to them, were transferred to Integrated Land Information System, Nizamabad vide proceedings dated 25.04.2006. While so, the respondents prepared the seniority list of Surveyors of Zone VI, in which the petitioners were shown at Sl.Nos.163 to 167 respectively and Sri A. Kishen was shown at Sl.No.176. The petitioners state that the said Kishen, who is junior to them, was repatriated to D.M.U, vide proceedings dated 02.09.2008 issued by the first respondent. Therefore, they made representation dated 06.09.2008 to the first respondent seeking to consider their cases for repatriation to their parent unit i.e., D.M.U, but no orders have been passed thereon. Therefore, the petitioners filed O.A.No.7628 of 2008 seeking to declare the action of the respondents in not repatriating them to their parent unit while considering the case of similarly situated person and junior to them, as illegal and arbitrary and the same was disposed of on 05.12.2008 directing the respondents to consider the case of the petitioners after completion of the pilot project work, as agreed by the respondents. Aggrieved by the same, the petitioners filed the present writ petition. The first respondent filed counter-affidavit stating that since there is a ban on transfers as per G.O.Ms.No.169 dated 26.06.2008, the request of the petitioners is not considered. It is further stated that the petitioners are working under pilot project work, which is a time bound programme, and after completion of the said programme, their request will be considered. Learned counsel for the petitioners vehemently contended that the action of the respondents in repatriating Sri A. Kishen to his parent unit vide proceedings dated 02.09.2008, ignoring the claim of the petitioners, who are seniors to him as per the seniority list, is not just and proper. He stated that there are number of vacancies available in D.M.U., Nizamabad and the petitioners are entitled to be repatriated to their parent unit. On the other hand, the learned Government Pleader for Services-II appearing for the respondents contended that due to the administrative exigencies of the department, the case of the petitioners has not been considered. He submits that the pilot project programme work at Nizamabad is to be completed by the end of this month, and after completion of the same, their request will be considered. Heard the learned counsel for the petitioners and the learned Government Pleader for Services-II. In view of the submission of the learned Government Pleader for Services-II that the case of the petitioners will be considered after completion of the pilot project programme work at Nizamabd, which is to be completed by the end of this month, we deem it appropriate to dispose of the writ petition with a direction to the respondents to consider the case of the petitioners immediately after completion of the said work. With the above direction, the Writ Petition is disposed of. No costs. _____________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:24.02.2009 sj