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2022 Supreme(AP) 587

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. Sesha Sai, Vutukuru Srinivas, JJ.
N. Venkata Ramudu S/o N. Thimmappa – Petitioner
Versus
The Director of Collegiate Education - Respondent
Writ Petition No. 9097 of 2005
Decided On : 11-10-2022

Advocates:
Advocate Appeared:
For the Petitioner: K Satyanarayana Murthy

Headnote:

Administrative Tribunals Act 1985 – Section 19 – Petitioner herein, by invoking the provision of Section 19 of Administrative Tribunals Act 1985, filed aforesaid original application, questioning action of respondent authorities in issuing appointment to 4th respondent as Attender and for further declaration that 4th respondent is not eligible to be appointed against said post of Attender and for consequential direction to authorities to appoint applicant/petitioner herein as attender/sweeper – Held, Judgment cited by learned Government Pleader, in considered opinion of Court, would not render any assistance to case of respondents – Reading of said judgment indicates that having regard to provisions under relevant rules and taking into consideration subsequent events i.e., holding of selections during subsequent years, Composite High Court refused to consider case of applicant and allowed writ petition filed by State – In considered opinion of this Court, rejection of request of petitioner by Regional Joint Director of Collegiate Education, vide proceedings, cannot stand for twin tests of reasonableness and rationality – Writ Petition allowed.

ORDER :

A.V. Sesha Sai, J.

Heard Sri K.Satyanarayana Murthy, learned counsel for the petitioner, Sri K.Bheemarao, learned Government Pleader for Services-III, for the respondents apart from perusing the material available on record.

2. Applicant in O.A.No.593 of 2004 on the file of the Andhra Pradesh Administrative Tribunal (hereinafter called as the ‘Tribunal’) is the petitioner in the present writ petition, filed under Article 226 of the Constitution of India.

3. Petitioner herein, by invoking the provision of Section 19 of the Administrative Tribunals Act 1985, filed the aforesaid original application, questioning the action of the respondent authorities in issuing appointment to the 4th respondent as Attender and for further declaration that the 4th respondent is not eligible to be appointed against the said post of Attender and for consequential direction to the authorities to appoint the applicant/petitioner herein as attender/sweeper.

4. The Tribunal, vide the questioned order dated 30.03.2005, dismissed the original application, principally on the ground that the appointment of the 4th respondent was not cancelled either by the appointing authority or by any court of law.

5. As mentioned supra, the Tribunal dismissed the original application on 30th day of March, 2005. Subsequent to the dismissal of the original application filed by the petitioner herein, obviously on the complaint made by the petitioner, the respondent authorities by way of an order dated 13.12.2012 terminated the services of the 4th respondent. The said order of termination was questioned by the 4th respondent herein in O.A.No.1559 of 2013. The Tribunal allowed the said original application by way of an order dated 01.03.2016 on the ground that the respondent authorities did not adhere to Rule 20 of the Andhra Pradesh Civil Services (Classification, Control & Appeals) Rules, 1991. It is not in dispute that thereafter pursuant to a regular enquiry conducted, the 4th respondent herein was terminated, vide proceedings Rc.No.1106/A1/2017, dated 13.03.2017, issued by the Regional Joint Director of Collegiate Education.

6. Subsequently, when the petitioner herein submitted a representation to the Regional Joint Director of Collegiate Education, Kadapa with a request to consider his case for appointment as Attender in the resultant vacancy. The Regional Joint Director of Collegiate Education, vide proceedings Rc.No.1940/A1/2016, dated 07.04.2017, solicited instructions in the matter from the Commissioner of Collegiate Education, Andhra Pradesh. Subsequently, the Special Commissioner of Collegiate Education, vide proceedings Rc.No.135/OPI-I/2017, dated 11.09.2017, permitted the Regional Joint Director of Collegiate Education, Kadapa to take further necessary action on the request of the applicant/petitioner for the post of attender. Vide proceedings in Rc.No.4302/B1/2017 dated 05.01.2018, obviously in furtherance of the instructions of the Special Commissioner of Collegiate Education dated 11.09.2017, the Regional Joint Director of Collegiate Education, Kadapa instructed the petitioner to submit the original qualification certificates together with attestation copies to take further action in this matter. The same was followed by another letter dated 06.02.2018 addressed to the District Educational Officer.

7. Eventually, the Regional Joint Director of Collegiate Education, Kadapa, vide proceedings Rc.No.2922/B1/2017, dated 29.09.2018, rejected the request of the petitioner to consider his case for appointment as an Attender on the ground that the petitioner herein did not file any other O.A. after his failure in O.A.No.593 of 2004 and the selection process was completed in the year, 2003 and that there is no panel.

8. In the above background, enclosing the aforementioned documents, an application vide I.A.No.1 of 2018, seeking amendment of the prayer in the writ petition, assailing the said order of rejection also, came to be filed by the writ petitioner in the pres

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