THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.19335, 21358 and 24732 of 2019 And WRIT PETITION No.7472 of 2020

COMMON ORDER:

The petitioners submitted online applications in response to the Notification No.No.2560/CPR & RE/32/2017 dated 31.08.2018 issued by the 2^nd respondent-Commissioner of Panchayat Raj & Rural Employment, for filling up the vacancies of Junior Panchayat Secretary. It is their case that the Notification stipulated that the “Reservation and eligibility in terms of General Rule 22 & 22(A) of State and Subordinate Service Rules are applicable”. While so, the 1^st respondent subsequently issuedG.O.Rt.No.494, Panchayat Raj & Rural Development Department, dated 28.08.2019 proposing to fill up 100% of the vacancies with local Scheduled Tribes, and that the said G.O., is contrary to the terms of the Notification dated 31.08.2018, andhence the same is illegal and arbitrary. It is their further case that they have secured required merit and are within the zone of consideration for selection and appointment as Junior Panchayat Secretaries, and the issuance of impugned G.O., effective retrospectively, have illegally taken away their chances of selection; and further the post of Junior Panchayat Secretaries are created for the first time, and there is no provision to fill up the said posts under Special Rules or Rule 22 and therefore the impugned G.O., is liable to be set aside. The petitioners further seek a direction to the respondents to consider their claim for selection and appointment as Junior Panchayat Secretaries as per the rank assigned to them in the selection in terms of the Notification dated

31.08.2018.

2. In view of the commonality of issue and grievance, these writ petitions are heard together and are taken up for disposal by way of this common order. For reference and discussion, the facts in W.P.No.19335 of 2019 are taken.

3. Heard Mr. D. Balakishan Rao, learned counsel for the petitioners;

and learned Government Pleader for Services-II. Perused the record.

4. Learned counsel for the petitioners, while making submissions on the lines of writ affidavit, would contend that the impugned G.O.Rt.No.494 is contradictory to the terms of the Notification dated 31.08.2018, and further the G.O. cannot be made retrospectively effective, to the disadvantage of the petitioners thereby jeopardizing their chances of selection for appointment as Junior Panchayat Secretaries. It is contended that there cannot be 100% reservation as held by the Hon’ble Supreme Court in Chebrolu Leela Prasad Rao v. State of A.P., Civil Appeal No.3609 of 2002, dated 22.04.2020 wherein the Supreme Court has set aside G.O.Ms.No.3 dated 10.01.2000 which provided 100% reservation to the Scheduled Tribe candidates. It is also contended that the Hon’ ble Supreme Court in K. Manjusree v. State of Andhra Pradesh, (2008) 3 SCC 512, held that the selection process cannot be changed midway; and the impugned G.O.Rt.No.494 dated 31.08.2018 which retrospectively changes the selection and

appointment process, after the Notification was issued, is therefore illegal.

5. Learned Government Pleader, by referring to the counter affidavit filed by the 2^nd respondent, essentially contends the post of Junior Panchayat Secretary is an ad hoc post and the incumbents would be designated as Panchayat Secretaries after successful service of three years. It is contended that some petitioners filed W.P.No.47075 of 2018 and batch, challenging the allocation of 6% reservation to Scheduled Tribe candidates residing in Scheduled Areas instead of 100% reservation as per G.O.Ms.No.14 dated 29.12.2001, and this Court by recording the submission of the learned Government Pleader that the Government has resolved to fill up all the vacancies of Junior Panchayat Secretaries strictly in terms of G.O.Ms.No.145 dated 29.12.2001, disposed of those writ petitions. It is therefore contended that G.O.Rt.No.494 was issued to avoid any legal complications in the matter, pending adj