THE HON'BLE MR JUSTICE B. PRAKASH RAO AND THE HON’BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 13914 of 2006 Between: The State of Andhra Pradesh, Rep., by its Principal Secretary to Govt., Finance Department, Secretariat, Hyderabad & another. … PETITIONERS AND Y. Surender Reddy … RESPONDENT ORDER: (PER THE HONOURABLE RR,J) Heard the learned Government Pleader for Services-II appearing on behalf of the petitioner, Sri Nooty Ram Mohan Rao, learned counsel appearing on behalf of the respondent and with their consent, the writ petition itself is taken up for final disposal. The present writ petition is filed aggrieved by the order of the A.P. Administrative Tribunal in O.A.No.3200 of 2004 dated 26.05.2005 whereby the Tribunal, on the ground that the respondent herein had already undergone training and upon taking into consideration the earlier order of this Court in WP.No.14645 of 2000, directed the petitioner herein to sponsor the name of the respondent - applicant for appointment to the post of Assistant Motor Vehicles Inspector and pass appropriate orders within a period of three months from the date of the order after due consideration of the judgment of this Court in WP.No.14645 of 2000 dated 18.08.2003. Learned Government Pleader for Services-II would submit that, pursuant to the earlier order of this Court in WP.No.14645 of 2000, the petitioner had issued G.O.Rt.No.2903, Finance (SMPC) Department, dated 23.12.2003, whereby the request of the respondent herein, an Assistant Engineer in the Andhra Pradesh State Cooperative Rural Irrigation Corporation, for allotment as Assistant Motor Vehicles Inspector in the Transport Department was considered and rejected on the ground that the Andhra Pradesh Prohibition of Absorption of Employees of State Government Public Sector undertakings into Public Service Act, 1997 prohibits absorption of employees working in public corporation into Government departments. Learned Government Pleader submits that, since the respondent was employed in the A.P. State Cooperative Rural Irrigation Corporation, a separate legal entity, distinct from that of the Government, he was not entitled for allotment as an Assistant Motor Vehicles Inspector in the Transport department of the Government and that the direction of the Tribunal in this regard was contrary to the applicable Rules of recruitment for appointment to the post of Assistant Motor Vehicles Inspector. Learned Government Pleader would submit that the post of Assistant Motor Vehicles Inspector is governed by the Rules made under the proviso to Article 309 of the Constitution of India, which provides for appointment by direct recruitment, by promotion and by transfer, and since the respondent, who was an employee of A.P. State Cooperative Rural Irrigation Corporation, a separate legal entity, was not in the service of the Government, the question of his being allotted for appointment as an Assistant Motor Vehicles Inspector in the Transport department of the Government of A.P. would run contrary to the aforesaid Rules. Sri Nooty Ram Mohan Rao, learned counsel for the respondent, on the other hand, would submit that the Government in G.O.Ms.No.275, Finance Department, dated 14.12.1995 had framed policy guidelines for filling up of available posts from among employees in the surplus manpower cell. Learned counsel would submit that nothing precludes the Government from taking a policy decision to include employees working in public sector undertakings in the list maintained in the surplus man power cell of the Government and to allot such candidates from the said list for appointment to various posts in Government service. On a specific query as to what were the policy decisions in this regard, learned counsel would refer to G.O.Ms.No.275, dated 14.12.1995. The said G.O. does not specifically refer to inclusion of employees of public sector undertakings in the list maintained in the surplus manpower cell of the Government of Andhra Pradesh. It is therefore difficult to accept the submission that G.O.Ms.No.275, dated 14.12.1995 enabled the respondent, an employee if a public sector undertaking, to seek inclusion in the list maintained by the surplus manpower cell of the Government or to be appointed in Government service. Be that as it may, none of these questions was considered by the Tribunal while passing the impugned order in the writ petition. Since larger questions arise for consideration, the Tribunal erred in disposing of the O.A. at the stage of admission without a counter-affidavit being filed thereto by the petitioner herein. The order of the Tribunal is therefore set aside and the matter remanded to the Tribunal for its consideration afresh in accordance with law. The petitioner herein shall file its counter affidavit within four weeks from today and the Tribunal shall hear both sides and pass an order, as expeditiously as possible, in accordance with law. The writ petition is accordingly allowed. No costs. _____________________ B. PRAKASH RAO, J _____________________________ RAMESH RANGANATHAN, J Date: 20.07.2006 ES