IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 195 of 2007 Between: S. Obula Naidu S/o. Narasimhappa R/o. D.No. 1-2-343/4/A, Phool Bag, Domalguda, Hyderabad, Hall Ticket No. 12120984 ..... PETITIONER AND 1 The State of A.P. rep. by its Principal Secretary to Government, Finance and Planning Department, 2 The State of A.P. rep. by its Principal Secretary to Government, Social Welfare Department, 3 The State of A.P. rep. by its Principal Secretary to Government, General Administration (Services) 4 The State of A.P. rep. by its Principal Secretary to Government, Agriculture and Cooperation Department, 5 The Commissioner of Tribal Welfare, A.P. Hyderabad. 6 The Commissioner of Marketing, A.P. Hyderabad. 7 The Director of Factories, A.P. Hyderabad. 8 A.P. Public Service Commission, Rep. by its Secretary, Gruhalkpa, Nampally, 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 writ of Mandamus directing the respondents to compute the substantive vacancies in various cadres notified in the notification No. 12/2004 and notify the direct recruitment vacancies to the APPSC for filling up of those vacancies by direct recruitment as per Notification No. 12/2004 by declaring the action of the Respondents in not notifying the vacancies as illegal, bad arbitrary and violative of Article 14 and 16 of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 195 of 2007 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking a direction to the respondents to compute the substantive vacancies in various cadres notified in the notification No.12/2004 and notify the direct recruitment vacancies to the APPSC for filling up of those vacancies by direct recruitment as per Notification NO.12/2004 by declaring the action of the respondents in not notifying the vacancies as illegal and arbitrary. The petitioner herein is one of the applicants before the Tribunal and he along with others filed the above O.A. seeking to direct the respondents to compute the substantive vacancies in various cadres notified in the notification No.12/2004 and notify the direct recruitment vacancies to the APPSC for filling up of those vacancies by direct recruitment as per Notification No.12/2004. The tribunal having observed that the question as to whether the State can be directed to calculate all the substantive vacancies meant for direct recruitment and notify the same for filling them, was considered by the Tribunal in O.A.No.60 of 2006 and batch, in which orders have been passed on that day by holding that the State cannot be compelled to fill up all the vacancies by issuing mandamus in view of the order of the Apex in Civil Appeal No.1781 of 2006, dated 24.3.2006, dismissed the O.A., in terms of the orders of the tribunal in O.A.No.60 of 2006 and batch. Having aggrieved by the same, the 1st applicant therein has filed the present writ petition. Heard the learned Counsel for the petitioner-applicant as well as the learned Government Pleader and perused the material available on record. The main thrust of the argument of the learned counsel for the petitioner is that though the Courts cannot issue a mandamus to fill up the vacancies, the Apex Court has made it clear that as and when posts were filled up, the same must be done in accordance with the rules. In view of this Judgment of the Apex Court in the Civil appeal No:1781 of 2006, dated 24.3.2006, the respondents are bound to following the special rules to fill up the vacancies by direct recruitment as the Government has already filled up the vacancies by promotion/recruitment by transfer. The main grievance of the petitioner is that the vacancies meant for direct recruitment were filed in by promotion and as such, the said vacancies are to be notified by the direct recruitment. But, the tribunal without going into these aspects dismissed the above O.A. in terms of the order passed in O.A.No.60 of 2006. In view of the controversy raised as to the filling up of the vacancies and in view of the principles laid down by the Apex Court in the above civil appeal and having regard to the contentions that were urged by the learned Counsel for the petitioner, We feel it a fit case wherein the matter can be remanded to the tribunal to dispose of the O.A. afresh with reference to the filling up of vacancies meant for direct recruitment/promotion as per the rules, within a period of six months from the date of receipt of a copy of the order. Consequently, the order of the tribunal is set aside. Subject to the above observation, the writ petition is disposed of. _________________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 31st March, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO:195 of 2007 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 31.3.2008