ORDER : This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a writ order or direction especially one in the nature of writ of mandamus declaring that (a) Proceedings of the 2nd respondent in proceeding No 3503/ELU/2020 dt 5.10.2020 declining to consider the case of the petitioner for promotion of Dy Statistical officer in Zone1 is illegal arbitrary unreasonable and without any basis and is therefore violative of Article 14, 16& 21 of the Constitution of India (b) declare that the petitioner is entitled to be cons promotion and to be promoted from the date of promotion juniors in zone1 with all consequential benefits (c) and pas s …” 2. The facts of the case are that the Petitioner offered his candidature in pursuance of a notification issued by the APPSC. He claimed himself as a local candidate of Zone-III (based on his place of birth and studies). The APPSC selected him and appointed to the post of Statistician (Assistant Statistical Officer) in Zone-I as a candidate of SC Non Local with order of merit 4432. He continued to work as Statistician/ASO in Zone-I. He was sought to be repatriated in terms of the decision taken pursuant to G.O.Ms.No.610 dated 30.12.1985 and G.O.Ms.No.674 dated 07.09.2007, by G.O.Ms.No.18 dated 04.12.2008. Consequential orders were passed on 20.12.2008. Petitioner challenged the said order dated 04.12.2008 and consequential order dated 20.12.2008 in O.A.No.2425 of 2009. Petitioner continued to work in Zone-I despite the above said G.O.Ms.No.18 dated 04.12.2008 and consequential order dated 20.12.2008. During the year 2011 several of his juniors were promoted by proceedings dated 23.07.2011. It is stated that the O.A. filed by the petitioner against his repatriation to Zone-III was disposed of on 23.04.2012. The Writ Petition was against the batch of cases in W.P.No.15712 of 2012 were disposed of on 21.11.2012. Thereafter, the Petitioner was again sought to be repatriated by proceedings dated 11.04.2018. The said proceedings dated 04.11.2018 and consequential proceedings dated 25.04.2018 were challenged in O.A.No.780 of 2018 before the A.P. Administrative Tribunal and obtained interim order dated 24.04.2018. The said interim order is in force till today and later, the said interim orders also made absolute. Thereafter, the Petitioner was again sought to be repatriated by proceedings dated 11.04.2018. The said proceedings dated 04.11.2018 and consequential proceedings dated 25.04.2018 were challenged in O.A.No.780 of 2018 before the A.P. Administrative Tribunal and obtained interim order dated 24.04.2018. The said interim order is in force till today and later, the said interim orders also made absolute. It is stated that the Petitioner filed O.A. No. 1838 of 2018 in which an interim order dated 07.02.2019 was passed directing the respondents to consider the case of the petitioner for promotion as Deputy Statistical Officer in Zone-I. Further, One Mr.P.V.Satyanarayana was also filed similar O.A., in O.A.No. 1326 of 2018, there was an interim order in the said O.A. which was also made absolute. Questioning the order made in O.A.No.1326 of 2018 the Government filed W.P.No.16853 of 2019 before this Court and the same was dismissed on 05.11.2019. Later, the petitioner made a representation to the respondents, enclosing a copy of order dated 07.02.2019 in O.A.No. 1338 of 2018 to consider his case for promotion and the said representation was rejected by a non speaking order dated 05.10.2020 referring to the orders passed in W.P.No.16853 of 2019 dated 05.11.2019. It is further stated that the order dated 05.11.2020 is liable to be set aside. Petitioner is entitled to be considered for promotion as Deputy Statistical Officer from the date of promotion of his juniors, in Zone-I. The interim order passed in O.A.No.780 of 2018 and O.A.No. 1338 of 2018 are in force. Either in-action or action taken in contravention of the orders of the competent court is illegal, it was so held by a Division Bench of this Hon'ble Court in W.P.No.23606/2018 dated 17.07.2018. It is stated that, in terms of Section-77 of the A.P. Re-Organization Act 2014 shall be deemed to have been allocated (allotted to Zone-I). Petitioner cannot therefore be subjected to this kind of harassment. Petitioner entitled for being consider for promotion as Deputy Statistical Officer and further promotion on par with his juniors. Petitioner is attaining the age of superannuation on or by 30.06.2022.Hence the present writ petition. 3. The counter affidavit has been filed by the respondents No.1 and 2. While denying the allegations made in the petition, inter alia, contended that, the petitioner and 14 others were repatriated to their native zones vide proceedings No.1146/Admn.II/ASOs/Hqrs/2015, dt. 11-04-2018. Petitioner is attaining the age of superannuation on or by 30.06.2022.Hence the present writ petition. 3. The counter affidavit has been filed by the respondents No.1 and 2. While denying the allegations made in the petition, inter alia, contended that, the petitioner and 14 others were repatriated to their native zones vide proceedings No.1146/Admn.II/ASOs/Hqrs/2015, dt. 11-04-2018. Aggrieved by these repatriation orders, the petitioner filed OA 780/2018 in Hon'ble APAT and the Hon'ble APAT granted interim orders dated 24-04-2018. As per interim orders of the Hon'ble APAT, the petitioner was retained in the appointed zone, i.e., Zone-l in the same Office vide this Office proceedings No.1146/Admn.II/ASOs/Hqrs/2015, dt. 15-05-2018. It is stated that the WP No.17483/2019 filed by this Office against the absolute orders dated 24-01-2019 on repatriation of the Hon'ble APAT is still pending for hearing before the Hon'ble High Court. It is ambiguous that the petitioner may be continued either in the appointed zone or in the native zone, his seniority including ROR points will be disturbed. Moreover, his juniors in the list will also be affected. Since, the hearing on the WP No.17483/2019 filed by this Office on repatriation is still pending before the Hon'ble High Court and also not obeying the repatriation orders of this Office by the petitioner, his candidature is not considered for promotion. It is stated that the representation dated 17-11-2016 submitted by the petitioner and others requesting for promotion in the appointed zones was only submitted to the Govt. seeking necessary orders vide this Office letter No.1146/Admn.ll/Hqrs/2015, dt. 02-02-2017. After observing all the instances in this regard and basing on the orders issued by the Hon'ble APAT and Hon'ble High Court and also keeping in view of pending hearing in WP No.17483/2019 on repatriation before the Hon'ble High Court, the speaking orders dated 05-10-2020 were issued.It is stated that some of the ASOs, who obeyed the repatriation orders and joined in their native zones, got promotions and whereas, the petitioner did not obey the repatriation orders. Out of 70 ASOS, 59 ASOS obeyed the repatriation orders and reported in their native zones. Among 59 ASOS, 17 ASOs were promoted as Deputy Statistical Officers duly restoring their seniority in their respective native zones.It is stated that the Govt. Out of 70 ASOS, 59 ASOS obeyed the repatriation orders and reported in their native zones. Among 59 ASOS, 17 ASOs were promoted as Deputy Statistical Officers duly restoring their seniority in their respective native zones.It is stated that the Govt. clearly instructed vide Memo No.429/Plg.III/A2/2017-1, dt.15-09-2017 that 'as per Section 97 of AP Reorganization Act, Article 371-D and the Presidential Order issued under clause (1) and (2) of Article 371-D are still in force in both the successor states even after bifurcation. Moreover, repatriation orders were issued by the concerned Administrative Department in pursuance to the orders issued by the Government vide G.O. Ms. No. 674, Genl. Admin. (MC-I) Dept., dt. 07-09-2007, which is also upheld by the courts'. It is further stated in the counter affidavit that, in terms of G.O. Ms. No. 674, Genl. Admin. (MC-I) Dept., dt. 07-09-2007, some of the candidates selected through APPSC were identified as non-locals and issued repatriation orders to their native zones. Out of 70 ASOS, 59 ASOS obeyed the orders and joined in their native zones. They are working and continued in their repatriated zones and their seniority was fixed as per rule 33 of APSSS Rules. Further, in obedient to the orders issued by the Hon'ble APAT in CA 337/2017 in OA No.1217/2017, immediate necessary repatriation orders were issued vide this office Proceedings No.1146/Admn.II/ASOs/Hqrs/2015,dt. 11.04.2018. Subsequently, the petitioners, viz., Sri D. Durgaiah and Sri M. Krishna Kishore were promoted as Deputy Statistical Officers in their native zones vide this Office Procds. No.1816/Admn.I/DySOs-2/2018, dt. 12-04-2018. In view of the circumstances, the writ petition is liable to be dismissed. 4. Heard Sri M. Surendra Rao learned Senior counsel representing Sri M.Srinivasa Rao, learned counsel appearing for the petitioner and learned Government Pleader for Services-I appearing for the respondents. 5. On hearing, learned Senior Counsel while reiterating the contents made in the petition, argued that, if the petitioner obeyed the repatriation orders and joined in his native Zone-III, he would have been promoted as Deputy Statistical Officer during 2021 itself. Sri K.David of Zone-I who is junior to the petitioner who repatriated to his nature Zone-III was already promoted as Deputy Statistical Officer since he obeyed the repatriation orders of the Government. Therefore according promotion to the post of Deputy Statistical Officer in the appointed Zone is violation of Presidential Orders as per Government Memo dated 23.5.2009. 6. Sri K.David of Zone-I who is junior to the petitioner who repatriated to his nature Zone-III was already promoted as Deputy Statistical Officer since he obeyed the repatriation orders of the Government. Therefore according promotion to the post of Deputy Statistical Officer in the appointed Zone is violation of Presidential Orders as per Government Memo dated 23.5.2009. 6. Per contra, learned Government Pleader appearing for the respondents, while reiterated the contents in the counter affidavit, opposed for allowing the writ petition and prayed to dismiss the same. 7. Perused the material on record. 8. It is an admitted fact that Sri Singalah, the petitioner herein was selected as Assistant Statistical Officer (Non Gazetted) through APPSC in 1992 batch and posted at Dumbriguda, Visakhapatnam District and joined on 26-11-1992 in Zone-I which is appointed zone. He is native of Prakasam district comes under Zone III. Later he was transferred to O/o Commissioner of Fisheries, Vijayawada in the year 2016.The individual has been repatriated to his native zone III in the year of 2008 as per Govt. orders in G.O.Ms.No.18, Planning (Estt.) Dept., Dt. 04-12-2008 through the Director Procgs.No.15472/Admn.II/SPF/08, dated 20-12-2008 and posted in O/o Tahsildar, Lingasamudram Mandal, Prakasam District. It is further observed that, under implementation of G.O.Ms.No.610 of 30.12.1985 the individual did not join in the repatriated native zone III and filed OA before the Hon'ble A.P.A.T in the year 2008 and got the stay orders. The Hon'ble A.P.A.? passed final common orders on 23.04.2012 in OA No. 3784/2007 and batch, upholding the validity of G.O.Ms.No.610, dated 30.12.1985 and thereby the OAs were dismissed. Aggrieved by the orders dated 23-04-2012 of the Hon'ble APAT, the applicant filed W.P. No. 15712/2012 before Hon'ble High Court against the orders of Tribunal and it was also dismissed on 21-11-2012 and upheld the validity of G.O.Ms.No.610 as per APAT orders dated 21.11.2012 and the Writ Petitions in WP No. 13273/2012 and batch were dismissed. It is further observed that, some of the persons including the petitioner approached the Hon'ble Supreme Court and the Hon'ble Apex Court dismissed the SLP's filed by the petitioner vide order dated 9-7-2014. 9. It is further observed that, some of the persons including the petitioner approached the Hon'ble Supreme Court and the Hon'ble Apex Court dismissed the SLP's filed by the petitioner vide order dated 9-7-2014. 9. This Court further observed that, at the time of bifurcation, from appointed date 02-06-2014 to separate government entities have been came into existence but it took months to get normalcy of atmosphere to attend the files because to setup infrastructure afresh/duly rearranged at the levels of Secretariat/HODs at Hyderabad itself. Further just before bifurcation a ban on appointments, promotions, revision of seniorities was imposed by the Composite State of Andhra Pradesh. However those ban orders were got lifted in a phased manner. Thus a jeopardized situation prevailed in the residuary State of Andhra Pradesh for long time. After bifurcation, Govt. of Telangana in implementation of the Orders dated 21-11-2012 of Hon'ble High Court in WP No. 13273 of 2012 & batch have repatriated and relieved (14) Fourteen ASOs and 2 Dy.SOs vide G.O.Ms. No.13 Planning Dept., Dated 11.12.2015. As per G.O.Ms.No.6 Planning (III) Dept. dated 04-05-2016 issued by the Govt. of A.P. the 14 ASOS 2 DySOs have been admitted into duty and posted in their respective native zones II, III & IV in A.P.. 10. Further, as per Govt. Memo.No.429/Plg.III/A2/2017-1, Planning (III) Dept, dated 15-09-2017, 14 ASOs who are continuing in their respective appointed zones have been repatriated to their respective native zones and posted in the existing vacant posts vide No.1146/Admin.II/ASOs/2015, dated 11-04-2018. Aggrieved by these repatriation orders, the petitioner approached the Hon'ble Administrative Tribunal and filed O.A.780/2018 and batch seeking to suspend the operation of proceedings No.1146/Admin.II /ASOS/H.Qrs/2015, dated:11-04-2018. Consequently, the Hon'ble Tribunal issued Interim Orders dtd. 24/4/2018 in O.A. No.780/2018 and batch duly suspending the said Proceedings and also to continue the petitioner in the same zone where the petitioner was appointed, pending further orders. In obedience to Hon'ble AP Administrative Tribunal Orders, revised orders posting the petitioner/applicant in O/o Commissioner of Fisheries, Vijayawada under Zone-I have been issued vide this office Procdgs.No.1146/ Admin.II/ASOs/H.Qrs/2015, dated 15-05-2018.Later the government has filed vacate stay petitions before the Hon'ble APAT and the same were dismissed. 11. Speaking orders were issued as per the Hon'ble High Court orders to the petitioners including Sri S. Singaiah, vide office proceedings No. 3503 /ELU/2020, dated 05-10-2020. 11. Speaking orders were issued as per the Hon'ble High Court orders to the petitioners including Sri S. Singaiah, vide office proceedings No. 3503 /ELU/2020, dated 05-10-2020. The petitioner and others filed WP No. 18202/2020 & batch for implement the orders of the Hon'ble Tribunal in OA No. 1338/2018, dated 11-07-2018 for promotions in their appointed zones. 12. The Hon'ble High Court issued common order dated 06-01-2021 as follows: "If the petitioners are aggrieved by the decisions taken by the respondent authorities, it is open to them to seek necessary redressal by instituting appropriate proceedings in accordance with law, if so advised. With the above observation, the writ petitions are disposed of. No costs". 13. Thereafter, the petitioner again filed WP No. 6929/2021 for promotion as Dy.S.O. in the appointed Zone-1In view of the explained circumstances and as per Govt. memo No.728/Plg.Estt/A2/09-2, Planning (Estt.) Department, dated 23-05-2009 the repatriated persons can be considered for promotion in their local cadre only. The ASOs who repatriated and joined in their local cadres promotions can be considered in the repatriated unit of appointment only. For considering promotion of the individual in an unit other than their local cadre is a violation of the provisions of Presidential orders. Hence, as instructed by the Government, the petitioner is not entitled for promotion to the post of Deputy Statistical Officer. Out of 70 ASOS, 59 ASOs obeyed the repatriation orders so far and reported in their native zones. Among these 59 ASOS, 17 ASOs were promoted as Deputy Statistical Officers duly restoring their seniority in the feeder category under Rule 33 of APSSR, in their respective native zones. 14. Having regard to the facts and circumstances, this Court observed that, though the petitioner made a representation to the respondents, enclosing a copy of order dated 07.02.2019 in O.A.No. 1338 of 2018, wherein the respondents are directed to consider the case of the petitioners for promotion, his case was not considered by the respondents, which is illegal and arbitrary. Therefore, this Court deems fit to allow the present writ petition while declaring the impugned non speaking order dated 5.10.2020 as illegal. 15. Accordingly, the Writ Petition is allowed. The impugned non speaking orders passed by the 2 nd respondent in proceedings No.3503/ELU/2020, dated 05.10.2020 are hereby set aside. Further, the respondents are directed to consider the case of the petitioner for promotion to the post of Dy. 15. Accordingly, the Writ Petition is allowed. The impugned non speaking orders passed by the 2 nd respondent in proceedings No.3503/ELU/2020, dated 05.10.2020 are hereby set aside. Further, the respondents are directed to consider the case of the petitioner for promotion to the post of Dy. Statistical Officer in Zone-I. Further, the respondents are also directed to pay all consequential benefits from the date of promotion juniors in Zone -1, and pass appropriate orders within a period of three (03) months from the date of receipt of a copy of this order. No costs. 16. As a sequel, all the pending miscellaneous applications shall stand closed.