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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Satish Chandra Sharma, N. Tukaramji, JJ.
A. Satyavani, W/o M.Eshwar Rao - Appellant
Vs.
The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad - Respondent
Writ Petition No.4059 of 2015 AND Contempt Case No.459 of 2019
Decided On : 04-02-2022
Andhra Pradesh Reorganization Act, 2014 - Sections 77, 77 (2) and 79 - Post of Assistant Director of Town Planning is the first level gazetted post - Recruitment in Town and Country Planning department - Petitioner was holding a substantive post of Town Planning Building Overseer and the service conditions of petitioner are governed under the Andhra Pradesh Municipal Town Planning Subordinate Service Rules, issued - Town Planning Department, the post of Assistant Director of Town Planning is first level gazetted post and has been declared as the State-wide post vide Notification posts lower than the Assistant Director of Town Planning, i.e., Town Planning & Building Overseer, Town Planning Supervisor and Town Planning Officer, which are in existence in Urban Local Bodies are Zonal and Multi-Zonal posts only - Even as per Presidential Order of 1975, the post of Town Planning Building Overseer is a Zonal post - State Government, accorded permission to fill up Town Planning Building Overseer posts, proposals were submitted for issuing Notification for filling up of total 129 posts by Direct Recruitment with full details of Zone-wise vacancy position, roster points - Held, Respondents to grant the petitioner the revised pay scale and annual grade increments - Petitioner is certainly entitled to have benefit of revised pay scale and annual grade increments - She shall be free to claim revised pay scale and annual grade increments from the State of Andhra Pradesh petitioner holds a substantive post of Town Planning Building Overseer in Zone-IV - Court has been repatriated to its parent department and she cannot claim to be still in service of GHMC, where she was serving on deputation even if she has worked for several years deputation has come to an end only on account of interim orders passed by the Tribunal or by this Court - Petitioner is continuing with GHMC, which is not her parent department and therefore, as an employee she does not have right to continue on deputation indefinitely and in the present case - Petitioner is not entitled to continue on deputation, especially after withdrawal of the deputation - Contempt case is disposed of directing the Director of Town and Country Planning, Government District, to grant the petitioner the benefit of the revised pay scale and annual grade increments - W.P.No.4059 of 2015 and C.C.No.459 of 2019, shall stand dismissed.
ORDER :
Satish Chandra Sharma, J.
The petitioner, Town Planning Building Overseer, has filed the present writ petition being aggrieved by order dated 06.02.2015 passed in O.A.No.589 of 2015, by which a prayer for quashment of order dated 26.01.2015 passed by the Director of Town and Country Planning, Government of Andhra Pradesh, Hyderabad. The prayer of the petitioner for continuing her on deputation with Greater Hyderabad Municipal Corporation (GHMC) was also turned down by the State Administrative Tribunal.
2. The undisputed facts of the case reveal that the petitioner was holding a substantive post of Town Planning Building Overseer and the service conditions of the petitioner are governed under the Andhra Pradesh Municipal Town Planning Subordinate Service Rules, issued under G.O.Ms.568, dated 23.05.1981 as amended on 20.07.2013. In the Town Planning Department, the post of Assistant Director of Town Planning is the first level gazetted post and has been declared as the State-wide post vide Notification dated 04.10.2006 and the posts lower than the Assistant Director of Town Planning, i.e., Town Planning & Building Overseer, Town Planning Supervisor and Town Planning Officer, which are in existence in the Urban Local Bodies are Zonal and Multi-Zonal posts only. Even as per the Presidential Order of 1975, the post of Town Planning Building Overseer is a Zonal post. The State Government, vide Memo dated 05.07.2007 accorded permission to fill up Town Planning Building Overseer posts, the proposals were submitted for issuing Notification for filling up of total 129 posts by Direct Recruitment with full details of Zone-wise vacancy position, roster points etc. The Government Order, dated 14.07.2008 for issuing an advertisement Zone-wise is reproduced as under:-
| “GRAMS: “STAPATHI” | PHONE: 23323176 |
| GOVERNMENT OF ANDHRA PRADESH | |
| FROM: The Director of Town and Country Planning, Government of A.P., 640-A.C.Guards, HYDERABAD-4. | TO: The Secretary, A.P.P.S.C., Government of A.P., HYDERABAD. |
Sir,
Sub:- Establishment – Town Planning – Filling up of 129 (126 + 03) vacant posts of Town Planning Building Overseers by Direct Recruitment through APPSC – Proposals submitted for notification through APPSC – Regarding.
Ref:- 1. G.O.Ms.No.674,G.A., (SPF-A) Dept., dt. 20.10.1975.
2. G.O.Ms.No.675, G.A., (SPF-A) Dept., dt. 20.10.1975.
3. G.O.Ms.No.549, G.A. (MC) Dept., dt. 04.10.2006.
4. Govt. Memo No.1030/B2/2006, dt. 05.07.2007.
5. T/o. Lr. Roc.No.5847/04/M3, dt. 07.07.2007 adds. to the Secretary, APPSC, Govt. of A.P., Hyderabad.
6. This Office Lr. Roc. No.5487/04/M3, dt. 18.08.2007 adds. to the Govt.
7. Lr. No.1043/RS-14/200-7, dt. 7.8.2007 and 5.9.2007 of the Secretary, APPSC, Hyderabad.
8. T/o Lr. Roc.No.5847/04/M3, dt. 29.8.2007 adds. to the Government.
9. Govt. Memo No.17450/B2/2007-2, dt. 3.11.2007.
10. T/o Lr. Roc.No.5547/2004/E1, dt. 14.11.2007 adds. to the Government.
11. This Office Lr.Roc.No.5847/2004/M3, dt.27.12.2007 adds. to the Govt.
12. D.O.Lr.No.13860-B-737/A3/SMPC/2008-3, dt. 3.6.2008 of the Finance Department addressed to the Secretary, APPSC, Hyderabad and copy marked to this office.
13. Lr. No.17450/B2/2007-1, MA&UD (B2) Dept., dt.25.06.2008 addressed to the Secretary, APPSC., and copy marked to this office.
* * * * *
Kind attention of the Government is invited to the references cited.
It is to submit that, Government vide their D.O. Letter 12th cited have issued clearance to the APPSC for notifying the 3 (Three) posts of TPBOs in the Town and Country Planning Department by Direct Recruitment and requested to take further necessary action immediately.
The Government vide their reference 13th cited have forwarded the details in the prescribed proforma (in original) as desired by you, with a request to take necessary steps to issue notification for filling up of 126 posts through dir
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