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1999 DIGILAW 652 (SC)

S. L. S. Ahamad v. Govt. of A. P.

1999-05-07

S.B.MAJMUDAR, V.N.KHARE

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(1) WE have heard learned counsel for the parties finally in this Writ Petition. (2) UNDER peculiar circumstances we have entertained this Writ Petition under Article 32 of the Constitution of India. (3) THE petitioner who was District Judge went on deputation to the State Government and was assigned the work in the State Election Commission. The High Court of Andhra Pradesh wanted him to be repatriated but the Election Commission was not willing to release him. The result was that the High Court quashed the lien of the petitioner in the cadre of District Judges. It is really unfortunate that the present petitioner was almost between two fires. He could not be released by the Election Commission and could not report to the High Court as District Judge, nor could the High Court justifiably tolerate non releasing of the officer when the High Court wanted him to be released by the Department of the State. (4) THEREFORE, having heard learned counsel for the parties, we deem it fit to allow this Writ Petition, quash G. O. Ms. No. 92 dated 2/7/1996 of the Government of Andhra Pradesh, Law Department, cancelling the lien of the petitioner in the cadre of higher judicial services. (5) WE direct the parties concerned to treat the petitioner to have been repatriated to the cadre of District Judges. (6) LEARNED senior counsel for the State Election Commission made a statement that he has no objection to whatever order is passed regarding relieving of the petitioner by the State Election Commission. We accordingly direct that the State Election Commission, which is respondent No. 3 herein, shall relieve the petitioner forthwith so that he can report to the High Court at the earliest convenience for being posted as District Judge at a suitable place as directed by the High Court on its administrative side. (7) IT is obvious that whatever service benefits are available to the petitioner by way of seniority in the cadre of District Judges will be made available to the petitioner in accordance with rules and regulations. (8) MR. R. F. Nariman, learned senior counsel stated that according to his instructions, 13 juniors of the petitioner in the cadre of District Judges have already been promoted as on 29th October 1998. (8) MR. R. F. Nariman, learned senior counsel stated that according to his instructions, 13 juniors of the petitioner in the cadre of District Judges have already been promoted as on 29th October 1998. It is obvious that the High Court on its administrative side will consider the petitioners case in this connection according to rules and regulations keeping in view his seniority in the cadre. (9) THE Writ Petition is accordingly allowed. (10) NO costs.