ORDER : Satish Chandra Sharma, J. The petitioner, Town Planning Building Overseer, has filed the present writ petition being aggrieved by order dated 06.02.2015 passed in O.A.No.589 of 2015, by which a prayer for quashment of order dated 26.01.2015 passed by the Director of Town and Country Planning, Government of Andhra Pradesh, Hyderabad. The prayer of the petitioner for continuing her on deputation with Greater Hyderabad Municipal Corporation (GHMC) was also turned down by the State Administrative Tribunal. 2. The undisputed facts of the case reveal that the petitioner was holding a substantive post of Town Planning Building Overseer and the service conditions of the petitioner are governed under the Andhra Pradesh Municipal Town Planning Subordinate Service Rules, issued under G.O.Ms.568, dated 23.05.1981 as amended on 20.07.2013. In the Town Planning Department, the post of Assistant Director of Town Planning is the first level gazetted post and has been declared as the State-wide post vide Notification dated 04.10.2006 and the posts lower than the Assistant Director of Town Planning, i.e., Town Planning & Building Overseer, Town Planning Supervisor and Town Planning Officer, which are in existence in the Urban Local Bodies are Zonal and Multi-Zonal posts only. Even as per the Presidential Order of 1975, the post of Town Planning Building Overseer is a Zonal post. The State Government, vide Memo dated 05.07.2007 accorded permission to fill up Town Planning Building Overseer posts, the proposals were submitted for issuing Notification for filling up of total 129 posts by Direct Recruitment with full details of Zone-wise vacancy position, roster points etc. The Government Order, dated 14.07.2008 for issuing an advertisement Zone-wise is reproduced as under:- “GRAMS: “STAPATHI” PHONE: 23323176 GOVERNMENT OF ANDHRA PRADESH FROM: The Director of Town and Country Planning, Government of A.P., 640-A.C.Guards, HYDERABAD-4. TO: The Secretary, A.P.P.S.C., Government of A.P., HYDERABAD. Lr.Roc.No.5847/2004/M3, Dt. 14-07-2008. Sir, Sub:- Establishment – Town Planning – Filling up of 129 (126 + 03) vacant posts of Town Planning Building Overseers by Direct Recruitment through APPSC – Proposals submitted for notification through APPSC – Regarding. Ref:- 1. G.O.Ms.No.674,G.A., (SPF-A) Dept., dt. 20.10.1975. 2. G.O.Ms.No.675, G.A., (SPF-A) Dept., dt. 20.10.1975. 3. G.O.Ms.No.549, G.A. (MC) Dept., dt. 04.10.2006. 4. Govt. Memo No.1030/B2/2006, dt. 05.07.2007. 5. T/o. Lr. Roc.No.5847/04/M3, dt. 07.07.2007 adds. to the Secretary, APPSC, Govt. of A.P., Hyderabad. 6. This Office Lr. Roc. No.5487/04/M3, dt. 18.08.2007 adds. to the Govt. 7. Lr. No.1043/RS-14/200-7, dt. Ref:- 1. G.O.Ms.No.674,G.A., (SPF-A) Dept., dt. 20.10.1975. 2. G.O.Ms.No.675, G.A., (SPF-A) Dept., dt. 20.10.1975. 3. G.O.Ms.No.549, G.A. (MC) Dept., dt. 04.10.2006. 4. Govt. Memo No.1030/B2/2006, dt. 05.07.2007. 5. T/o. Lr. Roc.No.5847/04/M3, dt. 07.07.2007 adds. to the Secretary, APPSC, Govt. of A.P., Hyderabad. 6. This Office Lr. Roc. No.5487/04/M3, dt. 18.08.2007 adds. to the Govt. 7. Lr. No.1043/RS-14/200-7, dt. 7.8.2007 and 5.9.2007 of the Secretary, APPSC, Hyderabad. 8. T/o Lr. Roc.No.5847/04/M3, dt. 29.8.2007 adds. to the Government. 9. Govt. Memo No.17450/B2/2007-2, dt. 3.11.2007. 10. T/o Lr. Roc.No.5547/2004/E1, dt. 14.11.2007 adds. to the Government. 11. This Office Lr.Roc.No.5847/2004/M3, dt.27.12.2007 adds. to the Govt. 12. D.O.Lr.No.13860-B-737/A3/SMPC/2008-3, dt. 3.6.2008 of the Finance Department addressed to the Secretary, APPSC, Hyderabad and copy marked to this office. 13. Lr. No.17450/B2/2007-1, MA&UD (B2) Dept., dt.25.06.2008 addressed to the Secretary, APPSC., and copy marked to this office. * * * * * Kind attention of the Government is invited to the references cited. It is to submit that, Government vide their D.O. Letter 12th cited have issued clearance to the APPSC for notifying the 3 (Three) posts of TPBOs in the Town and Country Planning Department by Direct Recruitment and requested to take further necessary action immediately. The Government vide their reference 13th cited have forwarded the details in the prescribed proforma (in original) as desired by you, with a request to take necessary steps to issue notification for filling up of 126 posts through direct recruitment in Town and Country Planning department with the available material pending finalization of organization of local cadres as per the Presidential Order and also informed to you, that the organization of local cadres as per the Presidential Orders in the Town and Country Planning Department has not been established so far, and the proposals are under examination of the Government. In this connection, it is to submit that already this department vide this office letter 11th cited, submitted the following notification proposals for filling up of 126 vacant posts of TPBOs by Direct Recruitment through APPSC., in each zone with full details such as Zone-wise Recruitment through APPSC., in each zone with full details such as Zone-wise vacancy position, roster points, statutory rules Governing the posts, PH reservation, women reservation etc. Sl. No. Name of the District Zone No. of vacancies permitted 1. Srikakulam, Vizianagaram and Visakhapatnam Zone-I 19 2. East Godavari, West Godavari and Krishna Zone-II 28 3. Sl. No. Name of the District Zone No. of vacancies permitted 1. Srikakulam, Vizianagaram and Visakhapatnam Zone-I 19 2. East Godavari, West Godavari and Krishna Zone-II 28 3. Guntur, Prakasam and Nellore Zone-III 22 4. Chittoor, Ananthapur, Kurnool and Kadapa Zone-IV 33 5. Warangal, Kareemnagar, Khammam and Adilabad Zone- V 18 6. Rangareddy, Nalgonda, Medak, Mahaboobnagar and Nizamabad Zone-VI 06 TOTAL 126 Now, the Government vide reference 13th cited have forwarded the above said proposals to you to issue notification for filling up of above 126 posts pending finalization of organization of local cadres. Further, it is to submit that after submission of above said proposals, during General Transfers, 2008 this department has affected certain transfers among the TPBOs working in Urban Local Bodies. Due to transfers, the changes are occurred in the vacancy position which was already furnished by the department vide reference 11th cited. Further, it is also to submit that in addition to above 126 posts which were already cleared, now the Government in their D.O. letter 12th cited have accorded permission for filling up of another 3 TPBO posts. Therefore, the following revised notification proposals are herewith submitted for filling up of total 129 vacant posts of TPBOs (126+03) by Direct Recruitment, in six zones. Sl. No. Name of the District Zone No. of vacancies permitted 1. Srikakulam, Vizianagaram and Visakhapatnam Zone-I 18 2. East Godavari, West Godavari and Krishna Zone-II 32 3. Guntur, Prakasam and Nellore Zone-III 21 4. Chittoor, Ananthapur, Kurnool and Kadapa Zone-IV 33 5. Warangal, Kareemnagar, Khammam and Adilabad Zone- V 19 6. Rangareddy, Nalgonda, Medak, Mahaboobnagar and Nizamabad Zone-VI 06 TOTAL 129 I, therefore, request you to kindly issue notification for filling up of above 129 TPBO posts on zonal basis as above, as they are urgently required by all urban local bodies. Yours faithfully, Sd/- Director of Town and Country Planning Encl: 1. Zone-wise Requisition forms (Zone-I to Zone-VI) 2. Zone-wise vacancy position and Roster points (Zone-I to Zone-VI) Copy submitted to The Principal Secretary to Government, Municipal Administration and Urban Development, Government of A.P., Hyderabad for favour of information.” 3. The Andhra Pradesh Public Service Commission, pursuant to the requisition made by the Government issued a Notification No.42 of 2008 inviting applications Zone-wise for Town Planning Building Overseer and the same is reproduced as under:- “ANDHRA PRADESH PUBLIC SERVICE COMMISSION: HYDERABAD NOTIFICATION NO. The Andhra Pradesh Public Service Commission, pursuant to the requisition made by the Government issued a Notification No.42 of 2008 inviting applications Zone-wise for Town Planning Building Overseer and the same is reproduced as under:- “ANDHRA PRADESH PUBLIC SERVICE COMMISSION: HYDERABAD NOTIFICATION NO. 42/2008 Town Planning Building Overseers in A.P. Municipal Town Planning Sub Service (General Recruitment) Applications are invited On-line through the proforma Application available on WEBSITE (www.apspsc.gov.in) from 20/03/2009 to 07/04/2009 for recruitment to the post of Town Planning Building Overseer in A.P. Municipal Town Planning Sub Service. The desirous eligible Candidates may apply on-line by satisfying themselves with the terms and conditions of this recruitment. The commission has dispensed with the sale of applications through HPO’s/Sales Counter of Commission’s office. The details of the provisional vacancy position is as follows: PC. No. Name of the Post Z-1 Z-2 Z-3 Z-4 Z-5 Z-6 Total Age as on 01.07.2008 Min. – Max Scale of Pay Rs. 1. Town Planning Building Oversee 18 32 21 33 19 06 129 18-39 5470- 12385/- Educational Qualifications: 1) SSC or its equivalent and Must be a Licentiate in Civil Engineering or Sanitary Engineering from any recognized institute or any equivalent qualification OR Certificate in Architecture (New Rules) OR Architectural Draughtsmanship and Assistantship (Licentiate in Architectural Assistantship) OR Diploma of Overseer of any Engineering with experience in Town Planning for a minimum period of One year in a municipality OR Draughtsmanship Civil Course under the revised syllabus introduced OR Pass in Draughtsmanship Civil course with experience in Town Planning for a minimum period of one year OR All India Trade Test for Surveyor course with experience in Town Planning for a minimum period of one year OR Pass in the Government Technical Examinations. 1. Building Drawing and Estimating (Higher). 2. Surveying and Leveling (Higher) 3. Building Materials and Construction (Higher) 4. Practical Plan and Solid Geometry (Lower) 5. Mensuration (Lower) with experience in Town Planning for a minimum period of one year in a Municipality. Detailed Notification with breakup of vacancies, scale of pay, age, community, Educational qualifications and other instructions along with prescribed Application proforma will be available at WEBSITE (www.apspc.gov.in). After filling the necessary details, the application form along with challan will be generated in downloadable/printable PDF, Candidates are required to take printout of the online application along with the challan which may be retained with the candidates for reference. After filling the necessary details, the application form along with challan will be generated in downloadable/printable PDF, Candidates are required to take printout of the online application along with the challan which may be retained with the candidates for reference. Through challan form candidates are required to pay the amount indicated in the challan in any Branch of State Bank of India across the country. IMPORTANT: 1. The Candidate should read the Commission’s Notification and other instructions available in User’s Guide carefully before applying for the Recruitment and enter the particulars properly in the Application though ON-LINE. 2. Candidates are required to retain a photocopy of Application form with Reference Id No. 3. Candidates have to submit applications only through online mode, Hand written/Typed/Photostat copies/Printed Application Form will not be entertained neither by APPSC directly nor by Post Office nor in person. 4. Candidates are advised to submit their applications through on-line well in advance of the last date to avoid last day rush. 5. Detailed notification alongwith proforma application will be available at WEBSITE (www.apspc.gov.in) w.e.f. 20/03/2009. Hyderabad. DATE. 30-12-2008. Sd/-Harpreet Singh, I.A.S., SECRETARY” 4. The petitioner was selected and was allotted Zone-IV vide recommendation dated 13.08.2011. The petitioner was provisionally selected and allotted by the Andhra Pradesh Public Service Commission for appointment to the category of Town Planning Building Overseer under the Andhra Pradesh Municipal Town Planning Subordinate Service by Direct Recruitment and an appointment order was issued on 18.08.2011. Thus, in short, the petitioner as per her preference was allotted Zone-IV and appointment order was issued for Zone-IV only and the petitioner at no point of time objected to the same. The petitioner was sent on deputation to the GHMC by an order dated 06.02.2013 with effect from 08.02.2013 and the deputation was extended again by one year by an order dated 11.02.2014 with effect from 08.02.2014. The period of extension expired on 07.02.2015. 5. The petitioner was sent on deputation to the GHMC by an order dated 06.02.2013 with effect from 08.02.2013 and the deputation was extended again by one year by an order dated 11.02.2014 with effect from 08.02.2014. The period of extension expired on 07.02.2015. 5. The composite State of Andhra Pradesh has been bifurcated into two States, i.e., the State of Andhra Pradesh and the State of Telangana keeping in view the Andhra Pradesh Reorganisation Act, 2014 and the Government of India, Ministry of Personal, Public Grievances and Pensions, Department of Personnel and Training, vide order dated 31.05.2014 directed the persons belonging to the organised State-wide cadres in respect of the Heads of Department posts in the Headquarter, serving in connection with the affairs of the existing State of Andhra Pradesh, which, on the second day of June, 2014, form part of the affairs of the both the successors States – the State of Andhra Pradesh and the State of Telangana was serving from that day. 6. The petitioner, as she was a member of the Zonal cadre, i.e., Zone-IV, which is Kurnool, is entitled to continue at Kurnool only as Zone-IV is in the State of Andhra Pradesh. However, the petitioner wanted absorption in GHMC, which is in the State of Telangana, though she is on deputation in GHMC, State of Telangana. The petitioner, as she wanted absorption in the services of GHMC, came up before the State Administrative Tribunal by filing O.A.No.589 of 2015 and the State Administrative Tribunal has dismissed the Original Application, by order dated 06.02.2015. Paragraphs 4 to 8 of the order passed by the State Administrative Tribunal are reproduced as under:- “4. Impugned order reads that inter local cadre transfer to State of Telangana or deputation to Greater Hyderabad Municipal Corporation cannot be possible, since the applicant is working in zonal cadre i.e., Zone-IV as Town Planning Building Overseer, Municipal Corporation, Kurnool, in the State of Andhra Pradesh. It is further stated in the impugned order that the applicant was appointed by the Andhra Pradesh Public Service Commission to Zone-IV and on allotment, she was posted to Municipal Corporation, Kurnool in the composite State of Andhra Pradesh and that after bifurcation of the composite State of Andhra Pradesh into two States. It is further stated in the impugned order that the applicant was appointed by the Andhra Pradesh Public Service Commission to Zone-IV and on allotment, she was posted to Municipal Corporation, Kurnool in the composite State of Andhra Pradesh and that after bifurcation of the composite State of Andhra Pradesh into two States. Zone-IV is existing in the resultant State of Andhra Pradesh, whereas the applicant requested for her absorption in Greater Hyderabad Municipal Corporation which is in the State of Telangana. It is contended for the applicant that in the Presidential Order, 1975 post of Town Planning Building Overseer was not organized into local cadre and that therefore, the applicant is deemed to be State level cadre. The applicant did not question allotment of her to Zone-IV at the time of her selection. Having accepted and joined in Municipal Corporation, Kurnool which is in Zone-IV, now it may not be open to the applicant to contend that she holds State level post and not a zonal level post. 5. The applicant’s senior counsel took us through Sections 77 and 79 of the Andhra Pradesh Reorganization Act, 2014. Under second proviso to Section 77 (2) of the said Act, as far as local, district, zonal and multi-zonal cadres are concerned, the employees shall continue to serve on or after the appointed day (02-06-2014), in that cadre. As per 3rd provisio to Section 77 (2) of the said Act, employees of local, district, zonal and multi-zonal cadres which fall entirely in one of the successor States, shall be deemed to be allotted to that successor State. Therefore, the applicant who is allotted to Zone-IV which is totally in the resultant State of Andhra Pradesh, is deemed to have been allotted to the resultant State of Andhra Pradesh only. 6. Assuming for a moment for the sake of argument that the applicant is in State level cadre, then as per Section 79 of the said Act, the applicant who is holding the post or office substantively at Kurnool in the resultant or successor State of Andhra Pradesh shall be deemed to have been only appointed to the post or office by the Government of that successor State. This Tribunal is of the opinion that Sections 77 and 79 of the Andhra Pradesh Reorganization Act, 2014 may not come to the rescue of the applicant. 7. This Tribunal is of the opinion that Sections 77 and 79 of the Andhra Pradesh Reorganization Act, 2014 may not come to the rescue of the applicant. 7. Further, this Tribunal is of the opinion that the question of absorbing or transferring the applicant to Greater Hyderabad Municipal Corporation located in the State of Telangana may not arise, since the applicant is not even an approved probationer in her substantive post in Municipal Corporation of Kurnool in the present State of Andhra Pradesh. Therefore, the question of the applicant being continued on deputation in Greater Hyderabad Municipal Corporation in the State of Telangana pending consideration of her request for absorption in or transfer to Greater Hyderabad Municipal Corporation, is out of place. This Tribunal finds that applicant lacks prima facie case in this Original Application for interference in the matter. 8. In the result, the Original Application is dismissed.” 7. The Tribunal has rejected the claim of the petitioner for absorption in GHMC as she was appointed on the post of Town Planning Building Overseer in Zone-IV (Kurnool) and keeping in view Sections 77 and 79 of the Andhra Pradesh Reorganisation Act, 2014, the petitioner is allocated to the successor State as she belongs to Zonal cadre as Kurnool falls within the State of Andhra Pradesh. It has been held that she has rightly been allocated to the State of Andhra Pradesh. The petitioner being aggrieved by the order passed by the Tribunal has preferred a writ petition and a prayer was made by the petitioner for allocation to the State of Telangana/absorption in the service of GHMC. The petitioner has raised a ground that her husband has met with an accident and therefore, she should be accommodated in the State of Telangana. 8. In the considered opinion of this Court, the allocation of an employee has to be done keeping in view the statutory provisions governing the field. As the petitioner is holding the Zonal post in Zone-IV, she was appointed in Zone-IV pursuant to her selection, has rightly been allocated keeping in view Sections 77 and 79 of the Andhra Pradesh Reorganization Act, 2014 and therefore, the Tribunal was justified in dismissing the Original Application. The GHMC is altogether a different organization and it is not part of Town Planning Department of the State Government. The GHMC is altogether a different organization and it is not part of Town Planning Department of the State Government. Not only this, the petitioner soon after her joining on 12.09.2011 in Kurnool Municipal Corporation made all attempts for being posted to GHMC and she was posted on deputation with effect from 08.02.2013. The order of deputation has been withdrawn on 26.01.2015 and therefore, in the considered opinion of this Court, by no stretch of imagination, the question of allocating the petitioner to the State of Telangana or directing absorption of the petitioner to GHMC does not arise. 9. In the considered opinion of this Court, the petitioner has not pointed out any statutory provision of law which creates a statutory right in favour of the petitioner for absorption in the services of GHMC. She is an employee of Town and Country Planning Department and she has been allocated to the State of Andhra Pradesh and therefore, this Court does not find any reason to interfere with the order passed by the Tribunal. 10. Another important aspect of the case is that in the present case, this Court passed an interim order in W.P.M.P.No.15416 of 2015 in the present writ petition, on 26.04.2018, directing the respondents to grant the petitioner the revised pay scale and annual grade increments. Therefore, the petitioner is certainly entitled to have the benefit of revised pay scale and annual grade increments. She shall be free to claim revised pay scale and annual grade increments from the State of Andhra Pradesh as the petitioner holds a substantive post of Town Planning Building Overseer in Zone-IV. This Court does not find any reason to interfere with the order passed by the Tribunal and the petitioner is under obligation to report back to the duty as Town Planning Building Overseer, which is a substantive post, forthwith. 11. The petitioner before this Court has been repatriated to its parent department and she cannot claim to be still in service of GHMC, where she was serving on deputation even if she has worked for several years (See Managing Director, U.P.Rajkiya Nirman Nigam v. P.K.Bhatnagar [ (2007) 14 SCC 498 ]. 11. The petitioner before this Court has been repatriated to its parent department and she cannot claim to be still in service of GHMC, where she was serving on deputation even if she has worked for several years (See Managing Director, U.P.Rajkiya Nirman Nigam v. P.K.Bhatnagar [ (2007) 14 SCC 498 ]. In the present case, the deputation has come to an end on 07.02.2015 and only on account of interim orders passed by the Tribunal or by this Court, the petitioner is continuing with GHMC, which is not her parent department and therefore, as an employee she does not have right to continue on deputation indefinitely and in the present case, the deputation was tenure deputation, the petitioner is not entitled to continue on deputation, especially after withdrawal of the deputation vide order dated 26.01.2015. 12. In the light of the aforesaid, W.P.No.4059 of 2015 is dismissed confirming the order, dated 06.02.2015 passed in O.A.No.589 of 2015 by the Administrative Tribunal. C.C.No.459 of 2019 13. The present contempt case is filed as the respondents have not complied with the order, dated 26.04.2018 passed in W.P.M.P.No.15416 of 2015 in W.P.NO.4059 of 2015, directing the respondents to grant the petitioner the benefit of the revised pay scale and annual grade increments. 14. The contempt case is disposed of directing the Director of Town and Country Planning, Government of Andhra Pradesh, Mangalagiri, Guntur District, to grant the petitioner the benefit of the revised pay scale and annual grade increments. Miscellaneous applications, if any pending in W.P.No.4059 of 2015 and C.C.No.459 of 2019, shall stand dismissed. There shall be no order as to costs.