IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 323 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 01/05/2008 in WP NO : 9810 OF 2008 on the file of the High Court.) Between: 1 P. Satyanarayana, S/o. P. Ramu, Hindu, Permanent R/o. Kotananduru Village, Post & Mandal, East Godavari District. 2 B. Nagaraju, S/o. Narayana, Hindu, Permanent R/o. H.No. 12/87, Boyapeta, Bethamcherla Village & Mandal, Kurnool District. ..... APPELLANTS AND 1 The Union of India, Rep. by its Secretary Ministry of Railways, Railway Board, Rail Bhavan, New Delhi. 2 The Director General, Railway Protection Force, Rail Bhavan, New Delhi. 3 The Chief Security Commissioner, Railway Protection Force, S.C. Railway, Rail Nilayam, Secunderabad. 4 The Principal, Railway Protection Force Training Centre, S.C. Railway, Rail Nilyam, Secunderabad. 5 K. Raju, S/o. G. Fakhera, RPF Training Centre, Moulali, Secunderabad. 6 P. Venkataiah, S/o. P. Bhemanna, Hindu, RPF Training Centre, Moulali, Secunderabad. 7 Chandramurali Kumar, S/o. Rangaiah, Hindu, RPF Training Centre, Moulali, Secunderabad. 8 Sk. Mohmmed, S/o. Ramzan, Muslim, RPF Training Centre, Moulali, Secunderabad. 9 K. Mallikharjun, S/o. Venkatachary, RPF Training Centre, Moulali, Secunderabad. 10 T. Shyam Sundar, S/o. Yellaiah, Hindu, RPF Training Centre, Moulali, Secunderabad. 11 M. Sudhakara Babu, S/o. late Obulesu, Hindu, RPF Training Centre, Moulali, Secunderabad. 12 G. Anjaneyulu, S/o. Ramanjaneyulu, Hindu, RPF Training Centre, Moulali, Secunderabad. 13 V. Jagadesh Kumar, S/o. late Ravi Kumar, Hindu, RPF Training Centre, Moulali, Secunderabad. 14 R. Ramachary, S/o. R. Nagabhushanachary, Hindu, RPF Training Centre, Moulali, Secunderabad. 15 Sudharshan, S/o. Babya Naik, Hindu, RPF Training Centre, Moulali, Secunderabad. 16 B. Bhaskar, S/o. Mallaiah, Hindu, RPF Training Centre, Moulali, Secunderabad. 17 R. Balaram, S/o. Lalya, Hindu, RPF Training Centre, Moulali, Secunderabad. 18 S. Sudhakar Reddy, S/o. Linga Reddy, Hindu, RPF Training Centre, Moulali, Secunderabad. 19 B. Balu, S/o. Surya, Hindu, RPF Training Centre, Moulali, Secunderabad. 20 V. Narsimha, S/o. /Sakru, Hindu, RPF Training Centre, Moulali, Secunderabad. 21 B. Ramakrishna, S/o. B. Nageshwara Rao, Hindu, RPF Training Centre, Moulali, Secunderabad. 22 D.Yaladri, S/o.Venkatesham RPF Training Centre, Moulali, Secunderabad. 23 A.Srinath, S/o.Narayana Swamy RPF Training Centre, Moulali, Secunderabad. 24 Md.Shafiuddin, S/o.M.D.Gowsuddin RPF Training Centre, Moulali, Secunderabad. 25 J.Shivanarayana, S/o.Brahmaiah RPF Training Centre, Moulali, Secunderabad. 26 D.Ravi, S/o.Ramakoti RPF Training Centre, Moulali, Secunderabad. 27 A.Purushotham, S/o.Narsaiah RPF Training Centre, Moulali, Secunderabad. 28 R.Narendar, S/o.Beechya RPF Training Centre, Moulali, Secunderabad. 29 Jetavath Ravi, S/o.Gopya RPF Training Centre, Moulali, Secunderabad. 30 T. Vijayaraju S/o. Danam RPF Training Centre, Moulali, Secunderabad. .....RESPONDENTS Counsel for the Appellant: MR.J.M.NAIDU Counsel for the Respondents No. 1 to 4: MR.R.S.MURTHY The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order, dated 01.05.2008 made in W.P. No. 9810 of 2008 by a learned Single Judge of this court disposing the writ petition with certain observations, the present Writ Appeal is filed by the writ petitioners. It is case of the appellants that pursuant to their selection and others and after completion of training, all the appellants were sought to be posted in R.P.S.F. in pursuance of a letter dated 11.3.2008 issued by the first respondent herein, which was assailed in the writ petition on the ground that some of the candidates ought to have been appointed in R.P.F. which is zonal in nature and others in RPSF which is on All India basis. The learned Single Judge having regard to para 14.2 of the notification, observed that the selected candidates are liable to be posted either in R.P.F. or in R.P.S.F. It is further observed that as and when any postings are to be made to R.P.F., merit shall be treated as the criterion and further directed the respondents to follow the procedure prescribed in para 14.2 of the notification to consider the cases of the appellants as and when appointments are made. Aggrieved thereby, the present Writ Appeal is filed. Heard learned counsel for the appellants and the learned Standing Counsel appearing for the respondents 1 to 4. The claim of the appellants revolves round para 14.2 of the notification, which reads: “..Selected candidates are liable to be posted anywhere in India in RPF/RPSF. However, the candidates who secure higher merit position shall be allotted to RPF and those lower in merit shall be allotted to RPSF, as per availability of vacancies..” Admittedly, the notification dated 09.01.2007 does not make any distinction in respect of the candidates to be posted in R.P.F. or in R.P.S.F. Even the selection process to those categories is combined and the respective vacancies in respect of those categories is also not evident. What is evident from the notification is that the selected candidates are liable to be posted anywhere in India, both in R.P.F. and R.P.S.F. subject, however, to the merit which the candidates secure. Having regard to the facts and circumstances, we are of the considered view that the learned Single Judge was right in directing the respondents to consider the cases of the appellants also as and when appointments are to be made to R.P.F. in terms of para 14.2 of the Notification. Consequently, we do not see any merit in the writ appeal and it is accordingly dismissed. No order as to costs. _____________________ Justice T. Meena Kumari _______________________ Justice Vilas V. Afzulpurkar March 31, 2009 MAS