Andhra Pradesh High Court
Judges : N.Y.HANUMANTHAPPA, NEELAM SANJIVA REDDY
Government Of A.P., Chief Secretary - Appellant
Versus
D.Siva Prasad - Respondent
Decided On : 07-01-98
Constitution of India- Art. 14- Sees. 6 and 8 – Appointment - Typographical mistakes- Expressed no objection either to review or to make corrections as it will not alter the result of the judgment but on the other hand it will convey the correct meaning - Qualifications and other relevant factors were not objectively evaluated in this case in making appointments – Held, Though it is difficult to say there was any discrimination or mala fides on the part of the Selection Committee in recommending respondents 3 and 4 ignoring the name of the petitioner, but the fact remains the non- consideration of the petitioner s name for selection is contrary to Section 8 of the Act -tenure and the other decisions on various aspects particularly that the authorities vested with powers to appoint shall act fairly and their action shall be free from any arbitrariness, we can hold without any hesitation that non-consideration of the petitioner for the post of Administrative Member of the APAT though nota malafide one but it lacks proper and objective evaluation of various factors required for being appointed as Administrative Members. If the claim of the petitioner had been properly considered, he would have been appointed as member of the APAT in place of any one of the respondents Nos. 3 and 4. Since respondents 3 and 4 were appointed long back and they are discharging their duties, at this stage it will not be proper to quash their appointment and ask the Government to fill up the resultant vacancy by appointing the petitioner – Disposed of
( 1 ) WE must thank Sri G. Raghu Ram, learned Senior Counsel appearing for the Union of India who brought to our notice some of the typographical mistakes which had crept in in our order dt 12-3-1998 including a para which isa superfluous one. After hearing Sri G. Raghu Ram on the corrections needed, we asked Sri V. V. S. Rao, learned Senior Counsel appearing for the contesting party - Mr. D. Siva Prasad/and Srinoori, learned Government Pleader attached to the learned Advocate General as to whether they have any objection if we review the order instead of ordering corrections in the order. All the learned advocates expressed no objection either to review or to make corrections as it will not alter the result of the judgment but on the other hand it will convey the correct meaning.
( 2 ) IN view of the above, we feel it proper to review the order dated 12-3-1998 made in W. A. No. 501 of 1996 and W. P. No. 9819 of 1996. Our order in W. A. No. 501 and W. P. No. 9819 of 1996 now reads as under.
( 3 ) THE facts and law involved in W. A. No. 501 of 1996 and W. P. No. 9819 of 1996 are common and as such they are ci ubbed and disposed of by this common order.
( 4 ) WRIT Appeal No. 501 of 1996 is filed by the State of Andhra Pradesh challenging the order of the learned single Judge of this Court dated 26-4-1996 in W. P. No. 9590 of 1996 filed by one D. Siva Prasad. W. P. No. 9819 of 1996 is filed by one D. Siva Prasad challenging the appointment of one mr. D. V. L. N. Murthy as Member (Administrative) of the Andhra Pradesh administrative Tribunal. Thus both the Writ Petition (and the Writ Appeals) are filed by the same petitioner.
( 5 ) FOR purpose ofconvenience, the rank of the parties is referred as in w. P. No. 9590 of 1996. W. P. No. 9590 of 1996 was filed on 6-5-1996. The respondents in W. P. No. 9590 of 1996 are (1) Government of Andhra Pradesh, represented by the Chief Secretary, Hyderabad (2nd respondent in w. P. No. 9819/9,6), (2) Union of India represented by the Secretary to the government of India, Ministry of Personnel, Public Grievances and Pensions, new Delhi (1st respondent in W. P. No. 9819/96), (3) T. Munivenkatappa, IAS, (4) D. V. L. N. Murthy, I. A. S. (3rd respondent in W. P. No. 9819/96) and (5) Ch. Venkatapathi Raju, IAS. The Chairman of A. P. Administrative Tribunal has been made as 4th respondent in W. P. No. 9819/96 ).
( 6 ) THE relief sought in W. P. No. 9590/96 was to issue a writ directing the respondents 1 and 2 namely the State and Central Government not to appoint the respondents 3 to 5 namely T. Munivenkatappa, D. V. L. N. Murthy and ch. Venkatapathi Raju as Members (Administrative) of Andhra Pradesh administrative Tribunal ( for short the apat ) and also to issue a consequential direction to the respondents 1 and 2 to include the name of the petitioner (D. Siva Prasad, IAS) in the panel for appointment as Member (Administrative) of the APAT.
( 7 ) THE relief sought for in W. P. No. 9819/96 is to issue a writ declaring the appointment of D. V. L. N. Murthy as Member (Administrative) of the APAT and his assumption of office as Member on 30-4-1996 as null and void in view of the order dt: 26-4-1996 passed by this Court in W. P. No. 9590/96.
( 8 ) A few facts which are necessary to dispose of the writ appeal and the writ petition are as follows:- The petitioner, D. Siva Prasad, IAS, was working as Secretary to the Government, Backward Class Welfare Department, Government of Andhra Pradesh on the date of filing of the writ petition. During the year 1962, he passed M. Sc. (Mathematics) in first class from Sri venkateswara University, Tirupati. In the year 1965 he succeeded in the competitive examinations conducted by the A. P. Public Service Commission and was selected and appointed as Deputy Collector by an order dt: 20-12-1965. Between 1965 and 1982 he received several promotions. On 3-5-1992, he was promoted to the Indian Administrative Services (IAS) from the quota reserved to th
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.