IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 24615 of 2006 Between: Letter of the Registrar (Vigilance) dated 22-11-2006 enclosing office notice ated 21-11-2006 ..... PETITIONER AND 1 The Government of A.P. Rep by its Secretary, Law (Legislative Affairs & Justice) Department, Secretariat, Hyderabad. 2 The Government of A.P. Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. 3 The High Court of A.P., Rep by its Registrar (Vigilance), High Court of A.P. Hyderabad. .....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 an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to the huge number of vacancies of Law Officers i.e., Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors in the state of Andhra Pradesh, more enumerated in the office note dated 21-11-2006 (enclosed herewith); and this Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities to take steps for filling up the posts of law officers i.e., Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors in the state expeditiously and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:LETTER Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) It was reported to this Court under letter dated 22-11-2006 that quite a good number of vacancies were existing in the cadre of Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors in the State of Andhra Pradesh. Due to such vacancies, judicial work of the concerned Judges was adversely affected. In the circumstances, the said letter was treated as a public interest litigation and it was registered as a writ petition. An affidavit has been filed by the Secretary to the Government (Legislative Affairs and Justice) dated 29-1-2009. It has been impliedly admitted therein that a good number of vacancies in the cadre of Assistant Public Prosecutors were there and, therefore, a notification dated 29-12- 2006 was issued to fill up 152 vacancies in the cadre of Assistant Public Prosecutors. It has been submitted that out of 152 vacancies, 107 vacancies have been filled up through direct recruitment made by the State Level Police Recruitment Board. It has been further submitted that there were about 101 vacancies in the said cadre. It has been however, submitted that at present there are only 59 vacancies for the reason that certain courts of Judicial First Class Magistrates have been converted into Civil Courts. In the circumstances, number of posts have been reduced. The said vacancies could not be filled up because of some litigation pending before the Court. It has been submitted that the said vacancies shall be filled up as soon as possible, but at least 7 months time is required to fill up the said vacancies because necessary notification will have to be issued and other formalities will have to be done for the recruitment. In view of the afore-stated positive stand taken by the Government authorities, we close the petition with a hope that the Government authorities shall do the needful for appointment of Assistant Public Prosecutors as soon as possible. There shall be no order as to costs. ________________________ ANIL R. DAVE, CJ _______________________________ RAMESH RANGANATHAN, J 30th January, 2009. GRR