IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE SEVENTEENTH DAY OF APRIL, TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS : 8149 AND 7765 OF 2008 W.P.NO. 8149 OF 2008 Between: A. Balaswamy S/o Late Sri A. Kotaiah, Occ: Chemist, A.P. Oil fed Head Office, R/o House No. 2-60/A1, Balaji Street, Venkatnagar, Kakinada – 533 001, E.G. District (Under Orders of Removal from service.) Petitioner AND The Andhra Pradesh Cooperative Oil Seeds Growers Federation Ltd., rep by its Vice-Chairman & Managing Director, Parishrama Bhavan, 9th Floor, Basheerbagh, Hyderabad. .....Respondent Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction, more in the nature of writ of Mandamus, declaring the Notification issued in respect of filling up of the post of Chemist vide Letter No. HRD./HR.3/Backlog Vacancies/2314/2008/339, dated 25-3-2008 issued by the Respondent herein, calling for applications from the schedule caste candidates for filling up the backlog/Carried forward vacancies as illegal, arbitrary and unconstitutional, by holding that the rule of reservation cannot be made applicable in respect of the post of Chemist more particularly to the vacancy arose in the said cadre on 12-3-2008 due to promotion of one Sri M. Seshagiri Rao as Quality Control Officer; COUNSEL FOR THE PETITIONER : Sri T. Suryakaran Reddy COUNSEL FOR THE RESPONDENT : Sri P.R. Balram Reddy W.P.NO.7765 OF 2008: Between: A. Balaswamy S/o. A. Kotaiah, Chemist, A.P. Cooperative Oil Sees, R/o 2-60, A-1, Venkat Nagar, Kakinada, East Godavari District. ..... Petitioner AND 1. The Govt. of A.P., rep. by its Principal Secretary, Department of Agriculture and Cooperation, Secretariat, Hyderabad. 2. The Principal Secretary, Public Enterprises ( FE.III ) Department, Secretariat, A.P., Hyderabad. 3. A.P. Cooperative Oil Seeds Growers Federation Ltd., rep. by its Vice Chairmen and Managing Director, Parishrama Bhvan, 9th Floor, Basheerbagh, Hyderabad. .....Respondents (Contd. 2. ) . 2 . Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ order or direction particularly one in the nature of Mandamus declaring the notification vide Lr. No. HRD/HR3/Backlog/Vacancies/2314/ 2008/299 dt. 19-3-208 of the Respondents issued in Eenadu Daily on 25-3-2008 for the post of Chemist in the respondent organisation as illegal, arbitrary bad in law violative of Art,. 14 of the Constitution of India and consequently by nullifying the same direct the respondents to consider petitioner case for appointment to the post of Chemist in the Available vacant post with all consequently and attendant benefits; COUNSEL FOR THE PETITIONER : Sri Dr. P. B. Vijaya Kumar COUNSEL FOR THE RESPONDNET Nos. 1 & 2 : The Govt. Pleader for Food and Agriculture COUNSEL FOR THE RESPONDENT No. 3 : Sri P.R. Balram Reddy These petitions coming on for hearing, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of mentioned in the above cause tile, the Court made the following ORDER: “ The petitioner filed two writ petitions viz., W.P. No. 8149 & 7765 of 2008, through different Advocates. He is directed to appear before this Court on 19.04.2008. Post on 19.04.2008 in the motion list.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Vice – Chairman and Managing Director, Andhra Pradesh Cooperative Oil Seeds Growers Federation Ltd., Parishrama Bhavan, 9th Floor, Basheerbagh, Hyderabad. 2. The Principal Secretary, Department of Agriculture and Cooperation, Govt. of A.P., Secretariat, Hyderabad. 3. The Principal Secretary, Public Enterprises ( FE.III ) Department, Secretariat, A.P., Hyderabad. 4. Two CCs to the Govt. Pleader for Food and Agriculture, High Court of A.P., Hyderabad ( BY SPCIAL MESSENGER ) 5. A. Balaswamy S/o Late Sri A. Kotaiah, Occ: Chemist, A.P. Oil fed Head Office, R/o House No. 2-60/A1, Balaji Street, Venkatnagar, Kakinada – 533 001, E.G. District (BY SPEED POST WITH A COURT DIRECTION TO BE APPEAR BEFORE THIS COURT ON 19-04-2008 AT 10.30 AM ) 6. One spare copy. 7. One CC to Sri Dr. P.B. Vijaya Kumar, Advocate (OPUC) 8. One CC to Sri T. Suryakaran Reddy, Advocate (OPUC) 9. One CC to Sri P.R. Balram Reddy, Advocate (OPUC) BV