2013 Supreme(AP) 676
HIGH COURT OF ANDHRA PRADESH
R. SUBHASH REDDY & A.V. SESHA SAI, JJ.
Government of A.P. & Others
Versus
Ms. Bhagam Dorasanamma & Another
W.P.No. 24944 of 2013
Decided On : 26-08-2013
For the Petitioners: Govt. Pleader For Services-I.
For the Respondents:R1, Smt. Usha N. Kiran, Advocate.
Headnote:SERVICE LAW - Recruitment - Non-joining of selected candidate as per Recruitment Rules has to be carried forward for future recruitment - Vacancy of Thanedar cannot be said to be a non-joining vacancy nor can it be said that vacancy has arisen due to relinquishment - Impugned order passed by Tribunal directing petitioner authorities to consider claim of applicant/next meritorious candidate, for post of Thanedar, has to be upheld.
A.V. Sesha Sai, J.
This writ petition, under Article 226 of the Constitution of India is filed by the State of A.P. and the respondents in O.A.No.343 of 2013 on the file of A.P. Administrative Tribunal, Hyderabad (hereinafter called ‘Tribunal’), assailing the order dated 8.4.2013 passed in the said O.A. filed by the 1st respondent herein.
2. By virtue of the aforesaid order, the Tribunal disposed of the said O.A., directing to consider the claim of the applicant for issuing appointment order for the post of Thanadar in accordance with merit list prepared in pursuance of the Notification Rc.No.44410/2009/A-2(ii) dated 26.3.2012. The 1st respondent filed the said O.A. seeking the following relief:
“To declare the action of the respondents in not considering the case of the applicant for appointment for the post of Thanadar in BC-A (Women) category, Nellore district as per her merit ranking in terms of the Notification in Rc.No.44410/2009/A-2(ii) dated 26.3.2012 as bad, unjust, illegal, arbitrary and violative of Art. 14, 16 and 21 of the Constitution of India and consequentially declare that the applicant is entitled for appointment as Thanadar under BC-A (Women) category in Nellore district as per her merit ranking in terms of Notification in Rc.No.44410/2009/A-2(ii) dated 26.3.2012 with all consequential benefits like seniority etc.”
3. The facts and circumstances leading to the filing of the present writ petition are as follows:
4. The 2nd petitioner herein issued the Notification in Rc.No.44410/2009/A-2(ii) dated 26.3.2012, inviting applications for recruitment to the posts of Forest Section Officer, Forest Beat Officer, Assistant Beat Officer, Plantation Watcher, Bungalow Watcher and Thanadar. The issue in the present writ petition relates to recruitment to one post of Assistant Beat Officer notified for O.C. category and one post of Thanadar earmarked for BC-A category women category in Nellore district covered by the said notification. The qualification required for the said post is a pass in SSC examination or equivalent.
The applicant/1st respondent herein applied for Thanadar post in response to the said notification and she secured 143 marks in the written examination and got qualified in walking test and stood second in the merit list. One individual by name, Ms.Nallabothula Laxmi Prasanna, appeared for recruitment to both the posts of Assistant Beat Officer and Thanadar under BC-A Women category and she got qualified for both the posts and opted for the post of Assistant Beat Officer, as the same being a higher post, and joined in the said post pursuant to the proceedings in Rc.No.2350(ii)/11/F4 dated 17.12.2012 issued by the Divisional Forest Officer.
5. As the applicant/respondent herein stood second in the merit list for the post of Thanadar, she submitted a representation to the Divisional Forest Officer (T), Nellore, SPSR Nellore district, requesting to appoint her as Thanadar in the vacant post, for which Ms.Nallabothula Laxmi Prasanna did not opt as she secured appointment as Assistant Beat Officer. Complaining against the action of the authorities in not considering her case for appointment to the post of Thanadar in BC-A women category as per the merit ranking in terms of the notification dated 26.3.2012 and consequently for a declaration that she is entitled for appointment as Thandar pursuant to the said notification, the 1st respondent herein invoked the jurisdiction of the Tribunal under Section 19 of Administrative Tribunal’s Act, 1985 by filing the present O.A.No.343 of 2013.
6. The Tribunal, initially on 9.1.2013 passed an interim order directing the Divisional Forest Officer to pass appropriate orders on the representation of the applicant/1st respondent herein dated 24.12.2012. In pursuance of the said interim order passed by the Tribunal, the Divisional Forest Officer, SPSR Nellore district vide proceedings Rc.No.2350/2012/F4 dated 29.1.2013 rejected the claim of the applicant and the