V. Anjaneyulu v. Government Of A. P. , PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT
2001-12-07
A.R.LAKSHMANAN, V.V.S.RAO
body2001
DigiLaw.ai
A. R. LAKSHMANAN, C. J. ( 1 ) HEARD Mr. P. V. S. S. S. Rama Rao, learned counsel for the Writ Petitioner and mr. Ravinder, learned Counsel representing mr. C. Srinivasa Baba, learned Counsel for the contesting respondent No. 4. ( 2 ) THE Writ Petitioner filed the Writ Petition seeking a Writ in the nature of mandamus declaring the orders dated 26-11-2001 passed by the Andhra Pradesh administrative Tribunal in O. A. No. 6554 of 2001 as illegal and arbitrary. By the said order, the learned Tribunal while dismissing the O. A. as devoid of merits vacated the interim order 6f status quo granted on 21-9-2001 and allowed V. MA. Nos. 545 and 602 of 2001. ( 3 ) THE Government of Andhra Pradesh issued orders in various G. Os for continuation of the election posts till 31-7-2001 in the Panchayat Raj and Rural employment Department and no further orders were issued by the Government extending period of the said posts beyond 31-7-2001. Consequently, by Proceedings no. 18571/cpr and RE/a 1/2001 dated 31-8-2001, the Commissioner of Panchayat raj and Rural Employment, A. P. Hyderabad, reviewed the matter in detail and decided to disband election posts with effect from 31-7-2001, afternoon as the elections for Panchayat Raj Bodies were over. Consequent on disbandment of election posts, the Writ Petitioner Anjaneyulu who was working as Divisional Panchayat officer (Elections) Krishna, was posted as divisional Panchayat Officer at Gudivada division of the Krishna District in the existing regular vacancy. The Collector (PW), Krishna was requested to relieve the said Anjaneyulu and report compliance. The collector was further requested to admit the petitioner in Gudiyada Division and intimate the date of joining immediately. The petitioner was relieved by the Collector on 1-9-2001 from the post of Divisional panchayat Officer (Elections ). Admittedly, he joined on 7-9-2001 as Divisional panchayat Officer at Gudivada Division of krishna District. On 7-9-2001, the government of Andhra Pradesh passed g. O. Rt. No. 1354 transferring one Ananda prasad, the fourth respondent herein who was working as Divisional Panchayat officer, from Jangareddygudem, West godavari, District to Gudivada, Krishna district in the existing vacancy in terms of the orders. issued, in para - 7 (ii) of g. O. Ms. No. 179, Finance and Planning (FW. Wandm) Department, dated 28-1 1-2000.
No. 1354 transferring one Ananda prasad, the fourth respondent herein who was working as Divisional Panchayat officer, from Jangareddygudem, West godavari, District to Gudivada, Krishna district in the existing vacancy in terms of the orders. issued, in para - 7 (ii) of g. O. Ms. No. 179, Finance and Planning (FW. Wandm) Department, dated 28-1 1-2000. The Collectors of Krishna Districted West godavari District were requested to implement the above transfer order immediately under intimation to the government arid the Commissioner of panchayat Raj and Rural Employment (RE), a. P. Hyderabad. (Emphasis supplied) ( 4 ) BY order-dated 15-9-2001, in Memo No. 30853/e. IX/a 1/200 (6-1, the government cancelled the proceedings dated 31-8-2001 issued by the Commissioner of panchayat Raj earlier by which the Writ petitioner Anjaneyulu was posted as divisional Panchayat Officer at Gudivada. This order and the G. O. Rt. No. 1354 dated 7-9-2001 were challenged before the learned administrative Tribunal in O. A. 6554 of 2001 by the Petitioner. An order was passed by the learned Tribunal to maintain status quo as on 21-9-2001. ( 5 ) ON 25-9-2001, the Commissioner of Panchayat Raj again in compliance with the directions dated 15-9-2001 issued by the government in Memo No. 30853/e. IX/a 1/2000-1, reposted the Petitioner Anjaneyulu who was working as Divisional Panchayat officer, at Gudivada to Jangreddygudem, west Godavari District as Divisional panchayat Officer in the arising vacancy. ( 6 ) IT has to be noted here that the learned Tribunal, by order dated 1-10-2001 extended the interim orders of status quo up to 30-11-2001. In the meantime the Tribunal dismissed the O. A. on 26-11-2001 on the ground that the petitioner has not challenged the order dated 25-9-2001 passed by the government (sic. Commissioner ). ( 7 ) WE have heard the arguments of the respective Counsel and perused all the orders filed before us. In our considered opinion, the Government have passed the order dated 7-9-2001 under the mistaken impression that there was an existing vacancy at Gudivada and, therefore, transferred the said Anand prasad, Divisional Panchayat Officer from jangareddy gudem to Gudivada, Krishna district. As already noticed, the petitioner has joined the said post at Gudivada on 7-9-2001 itself. This apart, the order passed by the Commissioner dated 25-9-2001 would clearly show that the petitioner was working as Divisional Panchayat Officer at gudivada. However, he was reposted at jangareddygudem as Divisional Panchayat officer.
As already noticed, the petitioner has joined the said post at Gudivada on 7-9-2001 itself. This apart, the order passed by the Commissioner dated 25-9-2001 would clearly show that the petitioner was working as Divisional Panchayat Officer at gudivada. However, he was reposted at jangareddygudem as Divisional Panchayat officer. The Commissioner has passed the order dated 25-9-2001 When the status quo orders passed by the learned Andhra Pradesh administrative Tribunal were in force. Therefore, in our opinion, the said order cannot be allowed to stand. We have alteady noticed that the interim order passed by the learned Tribunal was again extended up to 30th November, 2001. The Petitioner anjaneyulu was posted as Divisional panchayat Officer, Gudivada since the government decided to disband the election posts. The petitioner has obeyed the orders passed by the Commissioner of Panchayat raj and joined the said post as directed at gudivada and was working in the said post admittedly till 26-11-2001 when the tribunal dismissed the Original Application. ( 8 ) UNDER such circumstances, in our opinion, the order-dated 7-9-2001 was passed by the Government in order to oblige the fourth respondent herein. The said order, and the consequential orders dated 15-9-2001 and 25-9-2001, in our opinion, are liable to be set aside and accordingly they are set aside and quashed. The impugned orders passed by the learned tribunal are also set aside. We direct the commissioner, Panchayat Raj, the second respondent herein to issue fresh order immediately posting the Writ Petitioner anjaneyulu as Divisional Panchayat: Officer at Gudivada. This order shall be issued immediately. We also make it clear that the order passed in this Writ Petition will not stand in the way of the fourth respondent anand Prasad approaching the Government or the Commissioner of Panchayat Raj, the second respondent herein seeking posting nearby Gudivada in Krishna District. Since we have set aside the G. O. Rt. No. 1354, dated 7-9-2001 the Petitioner shall be permitted to continue in the post of divisional Pahchayal Raj at Gudivada. The writ Petition is allowed accordingly. There shall be no order as to costs.