IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8015 of 2008 Between: M. Ravi Prasada Rao S/o. Somaiah (late), O/o. Mandal Legal Services Committee, Mulugu, Junior Civil Judges Court, Mulugu, Warangal District. R/o. Warangal. ..... PETITIONER AND 1 Andhra Pradesh State Legal Services Authority, rep. by its Member Secretary (FAC), Nyaya Seva Sadan, City Civil Court Compound, Purana Haveli, Hyderabad. 2 The Commissioner of Commercial Taxes, Government of A.P., Nampally, 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 a writ, order or direction(s) more particularly, one in the nature of writ of Mandamus: "... Pleased to direct the Respondents to consider the representation of the Petitioner dated 27.06.2007, which was forwarded by AP State Legal Services Authority i.e., 1st Respondent, vide proceedings ROC.No.5220/APSLSA/AW/07, dated 27.07.2007 and pass appropriate orders before the existing vacancies in the cadre of Record Assistant are executed by holding the action of the Respondents in not doing so as bad, illegal, arbitrary and unconstitutional and pass any such other order or orders Counsel for the Petitioner:MR.SATISH DESHPANDEY Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8015 of 2008 ORDER: The petitioner was appointed as a Record Assistant in the District Legal Services Authority, Anantapur. He was transferred to the Mandal Legal Services Committee, Mulugu, Warangal District, vide proceedings, dated 24.03.2005. He submitted a representation, dated 27.07.2007, to the Commissioner of Commercial Taxes, Government of A.P., 2nd respondent herein, through the Executive Chairman, with a request to take him into the said Department as Record Assistant, on the ground that there is no post of Record Assistant in Guntur District. The basis for the said representation is that the wife and children of the petitioner are at Tenali. Heard the learned counsel for the petitioner and the learned counsel for the respondents. On the face of it, the writ petition is misconceived. It appears that each District Legal Services Authority is a unit of appointment. The circumstances, under which the petitioner came to be transferred from Anantapur to Warangal Unit, are not before this Court. Be that as it may, the question of the petitioner being taken into the Department of Commercial Taxes as Record Assistant does not arise. Either, he has to be appointed as a fresh candidate, in accordance with the prescribed procedure, or at the most, he may seek deputation. When the very representation filed by the petitioner is untenable, the question of granting any relief to him does not arise. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 18.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8015 of 2008 Date: 18.04.2008 JSU