IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH 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 NO : 5798 of 2008 Between: GADAMCHETTY SRINIVASA NARESH KUMAR, S/o.Late Chandramouli,Chejerla Mandal, Podalakur Sub-Division, Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by the Special Chief Secretary, G.A.D., Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, Rep. by the Special Chief Secretary, P.Raj and Rural Development Secretariat,HYDERABAD-22. 3 The Engineer-in-Chief,P.Raj Department S.R.T.G.N.Bhavan, Erramanzil Colony, HYDERABAD-22. 4 The Chief Engineer(Administration), S.R.T.G.N.Bhavan,Erramanzil Colony,Hyderabad. 5 The Superintending Engineer, P.Raj,Nellore, Nellore district. 6 The Executive Engineer,P.Raj, Nellore District. 7 The Mandal Parishad Development Officer, M.P., chejerla Mandal,Nellore District. .....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 to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the impugned Memo No.27217/Estt.III/A1/2007-1, dated 29-11-2007 and the consequnetial G.O.Rt.No.1659, dated 30.11.2007 of the 2nd respondent as confirmed byl the Hon'ble A.P.A.T.made in O.A.No.7500/2007, Dt.05-03-2008 (Rendered in the Order in O.A.No.7429/2007 & Batch), as illegal, arbitrary and unconstitutional and consequently declare the said Memo and also the action of the respondents in seeking to allocate the Petitioners to Rural Water Supply land Sanitation Department as illegal, arbitrary and discriminatory, resulting in violation of Articles, 14,16 and 21 of the Constitution of India, by holding that the petitioners are entitled to be continued as Assistant Engineers in Panchayat Raj Department till the finalization of the cadre strength of each department of Panchayat Raj Department and R.W.S & Sanitation Department, Seniority and final allotments are made and pass Counsel for the Petitioner:MR.P.VENKATA RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: (Per THE HON’BLE SMT. JUSTICE T.MEENA KUMARI) This writ petition is filed against the orders passed by the A.P. Administrative Tribunal in O.A. No. 7500 of 2007 (rendered in O.A.No.7429 of 2007 & batch) rejecting the prayer of the petitioner to set aside the impugned proceedings therein, where under he is deputed to Rural Water Scheme. Heard the learned counsel for the petitioner and the learned Advocate General appearing on behalf of the respondents and perused the material available on record. The petitioner - applicant filed O.A.No.7500 of 2007 before the Tribunal assailing his deputation 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 paragraph 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 petitioner contended that firstly, the seniority list has not been made available to the petitioner and therefore he is 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 petitioner, he is 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 departments. 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 petitioner in Panchayat Raj Department. Having regard to the facts and circumstances and having regard to the submission of 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 petitioner shall file his appeal, if he has any grievance, within one week from today and on filing of such appeal, the same shall be disposed of by the respondents on or before 31st March, 2008 in accordance with law. Till such time, the petitioner shall be continued in the Panchayat Raj Department. The writ petition is accordingly disposed of with the above directions. It is made clear that the above directions are confined only with regard to the petitioner. ___________________​ T. MEENA KUMARI, J. _______________ G.CHANDRAIAH, J. Date: 18-03-2008. ccm Note: Issue copy by today. (B/O) ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}