IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NOs : 5661 & 5686 of 2008 Between: B. Rajamanjaneya Prasad S/o Late Nageswara Rao R/o working as Dy. Executive Engineer, P.R. Sub-Division, Tadepalligudem, West Godavari District. ..... PETITIONER AND 1 Government of A.P., rep bySPl. Chief Secretary, GAD. Department, Secretariat, Hyderabad. 2 Government of A.P., rep bySPl. Chief Secretary, Panchayat Raj & Rural Developemtn (Estt.III) Departmet, Secretariat, Hyderabad. 3 The engineer-in-Chief, PAnchayat Raj Department, SRTGN, Bhavan, Erramanzil Colony, Hyderabad. 4 The chief Engineer, (Administration) SRTGN, Bhavan, Erramanzil Colony, Hyderabad. 5 The Superintending Engineer, Panchayath Raj Eluru West Godavari District. 6 the Executive Engineer panchayath Raj Division, Eluru, West Godavari division. 7 The Sub-Treasury Officer, Tadepalligudem, West Godavari District. ...RESPONDENT(S) 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 particularly one in the nature of Writof Certiorari after calling for the records relating to theorder in OA No. 7492/2007 dt 5-3-2008 on the file ofthe hon'ble A.P. Administrative Tribunal, Hyderabad and quash the same and consequently declare memo No 27217/Estt/A1/2007 and G.O.RT.No.1657PR &RD (Estt.III) Department dt 30-11-2007 as illegal and arbitrary and set aside the same and direct the respoondents to implement G.O.M.s.No 508 GA (special .A)department dt 18.7.2007and pass Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION WRIT PETITION NO : 5686 of 2008 Between: G.Sreenivasulu S/o.Bahadur Panchayat Raj Sub Division Markapur Prakasam Dist ..... PETITIONER AND 1 The Govt OF A.P rep.by Special Chief Secretary GAD Dept Secretariat Hyd 2 The Govt Of A.P Rep.by its Special Chief Secretary Panchayat Raj& Rural Development(Esst.III) Department Secretariat Hyd 3 The Engineer In Chief P.Raj Department S.R.T G.N Bhavan Erramanzil Colony Hyd 4 The Chief Engineer (Administrtion) S.R.T G.N Bhavan Erramanzil Colony Hyd 5 The Superintendent Engineer P.Raj Guntur Circle Guntur Dist 6 The Executive Engineer P.Raj Guntur Circle Guntur Dist 7 The Exeutive Engineer P.Raj Division Tenali Guntur Dist 8 The Executive Engineer P.Raj Division Prakasam Dist ...RESPONDENT(S) 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 to issue a writ of Certiorari or any other appropriate writ,order or direction after calling for the records relating to the orders in O.A.No.7477 of 2007 dt.5-3-2008 on the file of the Hon'ble A.P Administrative Tribunal Hyderabad Tribunal Hyd along with G.O.R.t No.1657 PR&RD(Esst.III) Department dt.30-11-2007 of the respondents and declare them as illegal arbitrary and constrary to G.O.Ms.No.508 dt.18-07-2007 and consequenlty set aside the same by holding that the petitioner is entitled to continue in the PR Dept and to pass Counsel for the Petitioner:MR.VADAPALLI RAMESH Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH W.P. Nos. 5661 & 5686 OF 2008 COMMON ORDER: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) These writ petitions are filed against the order dated 05-03-2008 passed in O.A. Nos.7492 and 7477 of 2007 by the A.P. Administrative Tribunal rejecting the prayer of the petitioners to set aside the impugned proceedings therein, where under they are deputed to Rural Water Scheme. As the issue involved in these writ petitions is common, these writ petitions are disposed of by this common order. Heard the learned counsel for the petitioners and the learned Advocate General appearing on behalf of the respondents and perused the material available on record. The petitioners-applicants filed the O.As., before the Tribunal assailing their deputations to Rural Water Supply and Sanitation Department from Panchayat Raj Engineering Service after the creation of Rural Water Supply and Sanitation Department by de-linking from Panchayat Raj and Rural Development Department. The Tribunal, having heard the learned counsel for the parties, held at para 13 of its order as follows: “The learned Special Government Pleader has submitted that as per G.O.Ms.No. 508 dated 18.7.2007 the decision will be taken on the basis of existing seniority list. So, it will be decided on the basis of existing seniority list only. It is true that the existing seniority list is not made available. Only as per the direction of this Tribunal, it was filed before this Tribunal. In the interest of Officers of the department and for transparency, it is just and necessary that the said existing seniority list must be made known to all and so that they can examine whether any injustice is done to any particular officer by not in the light of the guidelines issued in this regard. For not making the seniority list available, the impugned orders cannot be set aside. The balance of convenience is to direct the respondents to make the existing seniority list available by putting it on website of the department within a reasonable time. If anybody finds that injustice is done to him on the ground that his junior was retained in the Panchayat Raj Department, he can as well prefer an appeal before the appropriate authority for redressal of his grievance as provided under law. So, it is desirable to give a direction to the department to put the existing seniority list on the website of the department, together with information about the options exercised by the officers within a reasonable time i.e. within a period of two weeks”. Learned counsel appearing for the petitioners contended that firstly, the seniority list has not been made available to the petitioners and therefore they are not in a position to know whether the guidelines issued by the Government have been followed or not and, secondly, the juniors have been retained in the Panchayat Raj Department and in the absence of any seniority list being furnished to the petitioners they are not in a position to question the same. It is further contended that the senior most persons in any cadre are to be accommodated as per their option, subject to vacancies and those who are juniors and who are in excess shall be deputed to the other department. It is now submitted by the learned Advocate General that the seniority list has been put on website and it is very much expedient to implement the scheme of rural water supply and therefore there is no need to grant interim direction to continue the petitioners in Panchayat Raj Department. Having regard to the facts and circumstances of the case and the submission made by the learned Advocate General that the seniority list has been put on website, we are of the considered view that it would suffice if the order passed by the Tribunal is confined to the effect that basing on the seniority list put on website the petitioners shall file their appeals, if they have any grievance, within one week from today and on filing of such appeals, the same shall be disposed of by the respondents on or before 31st March, 2008 in accordance with law. Till such time, the petitioners shall be continued in the Panchayat Raj Department. The writ petitions are accordingly disposed of with the above directions. However, it is made clear that the above directions are confined only with regard to the petitioners. ____________________________ JUSTICE T. MEENA KUMARI __________________________ JUSTICE G. CHANDRAIAH Date: 17-03-2008. Note: Issue certified copy of the order by tomorrow. (B/O) LSK/AVS.