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2019 Supreme(AP) 291

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
AKULA VENKATA SESHA SAI, CHEEKATI MANAVENDRANATH ROY, JJ.
K. Muneendraiah – Appellant
Versus
District Collector (BCW), Chittoor District and Ors. – Respondents
W.P. Nos. 7969-7985 of 2019
Decided On : 08-11-2019

Advocates:
Advocate Appeared:
For the Appellant : S. Satyanarayana Rao
For the Respondents: G.P. and P. Amarender, Caveator

Headnote:

Constitution of India,1950 - Articles 226, 14 or 16 - State and Subordinate Service Rules, 1996 - Rule 16(h) - Final seniority - Cases for promotion to category - District Collector Social Welfare , Chittoor issued proceedings RoC No. appointing writ petitioner and respondents 5 and 6 as Hostel Welfare Officers Grade-II - Writ petitioner passed Accounts Test for Subordinate Officers Part-I Respondents 5 and 6 passed said test respectively, i.e. within period of probation of two years as per condition imposed in appointment order - As per Rule of State and Subordinate Service Rules, 1996 for short, 1996 Rules probation needs to be recommenced two years anterior to date of passing accounts test - Provisional and final seniority list of Hostel Welfare Officers Grade-II issued by District Collector – Held, It is a settled and well established principle of law that unless order/action impugned suffers from jurisdictional error, patent perversity and passed/taken in violation of principles of natural justice, a writ in nature of writ of certiorari cannot be issued under Article 226 of Constitution of India, as held by Constitution Bench of Honble Supreme Court in - This Court does not find any such contingencies in impugned order which warrant interference of this Court for issuing writ of certiorari, as such - Court has no scintilla of hesitation to hold that there are no merits in case on hand - Writ Petitions are dismissed

ORDER:

Akula Venkata Sesha Sai, J.

1. Since these two Writ Petitions are interrelated and as the parties are same, this Court deems it appropriate to dispose of these Writ Petitions by way of this common order.

2. The facts and circumstances, leading to filing of the present Writ Petitions, are as follows.

(a) The District Collector (Social Welfare), Chittoor issued proceedings RoC No. A1/159/90, dated 17.08.1991, appointing the writ petitioner and the respondents 5 and 6 as Hostel Welfare Officers Grade-II. The writ petitioner passed Accounts Test for Subordinate Officers Part-I on 21.05.1995. Respondents 5 and 6 passed the said test on 14.11.1993 and 10.12.1991 respectively, i.e. within the period of probation of two years as per the condition imposed in the appointment order dated 17.08.1991. As per Rule 16(h) of the Andhra Pradesh State and Subordinate Service Rules, 1996 (for short, 'the 1996 Rules'), the probation needs to be recommenced two years anterior to the date of passing the accounts test. In the provisional and final seniority list of Hostel Welfare Officers Grade-II issued by the District Collector, Chittoor in the month of December, 1993 and 29.07.2000, the writ petitioner was shown at serial No. 27 with the date of regularization as 21.05.1993, whereas respondents 5 and 6 were shown at serial Nos. 24 and 25 with the date of regularization as 26.08.1991. In the Memo RoC No. A1/150/97, dated 29.07.2000, the District Collector, Chittoor indicated revised date of regularization of the writ petitioner as 21.05.1993, obviously taking into account the date of passing of the Accounts Test i.e. 21.05.1995, by him. The District Collector, Chittoor, vide proceedings RoC No. A/150/97, dated 21.01.2002, issued a confirmed common seniority list of Warden-Matron Grade-II wherein the writ petitioner stood at serial No. 31, whereas respondents 5 and 6 stood at serial Nos. 26 and 24 respectively. Vide proceedings dated 19.02.2004, the District Collector issued a revised seniority list, showing the petitioner at serial No. 30 and respondents 5 and 6 were shown at serial Nos. 26 and 24 respectively, with the same dates of regularization. Vide proceedings RoC No. A/150/97, dated 21.12.2005, the District Collector issued revised final seniority of Hostel Welfare Officers Grade-II wherein the writ petitioner stood at serial No. 21 whereas respondents 5 and 6 at serial Nos. 26 and 30 respectively, and the date of regularization of the writ petitioner was shown as 26.09.1991.

(b) In Original Application No. 2970 of 2003, the Andhra Pradesh Administrative Tribunal had set aside the provisional seniority list of Hostel Welfare Officers Grade-II by way of order dated 09.11.2006, and the same was carried to the composite High Court at Hyderabad by way of Writ Petition No. 13283 of 2007, and a Division Bench of this Court dismissed the said Writ Petition on 11.09.2007. Pursuant to the order of this Court in Writ Petition No. 13283 of 2007, the Director of B.C. Welfare, vide proceedings Rc. No. A1/2757/2007, dated 11.10.2007, requested the District Collector, Chittoor to prepare separate seniority list of Hostel Welfare Officers Grade-II. Thereafter, vide Memo RoC No. A/272/2007, dated 05.11.2007, the District Collector, Chittoor prepared a tentative seniority list, calling for objections within 5 days, to prepare final seniority list wherein the writ petitioner stood at serial No. 18 whereas respondents 5 and 6 stood at serial Nos. 22 and 25 respectively, and their date of regularization was shown as 26.08.1991. Vide Memo RoC No. A/272/2007, dated 29.01.2008, the District B.C. Welfare Officer, Chittoor issued a fresh tentative seniority list of Hostel Welfare Officers Grade-II and called for objections. In the said list, writ petitioner was shown at serial No. 32, whereas respondents 5 and 6 at serial Nos. 31 and 30 respectively. Thereafter, the Commissioner of B.C. Welfare, Andhra Pradesh, vide Rc. No. A1/9427/CTR/2009, dated 03.11.2009, addr

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