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High Court for State of TelanganaWP/22132/2004dismissed as infructuous

N.Ravinder Rao, v. The A.P.P.S.C.,

2015-11-17U.Durga Prasad Rao,G.Chandraiah4 pages

HON'BLE SRI JUSTICE G.CHANDRAIAH & HON'BLE SRI JUSTICE U.DURGA PRASAD RAO W.P. No. 22132 of 2004 DATE: 17.11.2015 Between:

N. Ravinder Rao .. Petitioner and The A.P.P.S.C.

and three others .. Respondents

O R D E R:- (per Hon'ble Sri Justice G. Chandraiah) This writ petition is filed for the following substantive relief:

"...to issue a writ of Certiorari calling for all the connected records including the order, dated 12.03.2004 in O.A.No. 459 of 2000 and quash the same as illegal, improper, arbitrary, unjust and contrary to law and further direct the first respondent to fill up the fall-out, non-joining and relinquished vacancies of Group-II-A Services by the petitioner with all consequential benefits.."

The brief facts of the case are that various individuals filed O.A.No.3 of 1993 and batch before the A.P. Administrative Tribunal, Hyderabad (for brevity "the Tribunal") seeking relief of selection and appointment mainly to the posts under Group-II(A) Services notified by the A.P. Public Service Commission vide Notification No.8/90 by strictly computing the vacancies earmarked for direct recruitment in accordance with the Special Rules and also vacancies that arose between the year 1990 and 1992 and questioning the action of the respondents in depriving them of the same under the guise of amendment of the Rules framed by the Government in G.O.Ms.No.990 Revenue Department, dated 24.09.1992 with all consequential benefits. Having regard to the common relief sought for, the Tribunal, by order dated

12.03.2004, dismissed the batch of O.As. by considering various facts and circumstances of the case except in respect of one post of Deputy Tahsildar which was caused due to relinquishment of appointment by one R.Siva Singh and directed the same to be filled by the A.P. Public Service Commission by following rule of law. Insofar as the present writ petition is concerned, it is filed against the order dated 12.03.2014 in O.A.No. 459 of 2009 challenging the action of the 1st respondent in not appointing him in the fall-out, non-joining and relinquished vacancies of Group-II (A) Services, as arbitrary and illegal. The learned Government Pleader for Services -I appearing for the respondents has submitted that having regard to the change in the governmental set up due to bifurcation of the State of Andhra Pradesh, the respondents-authorities have been separate and transferred to two States.

In view of the changed circumstances, the whole process of recruitment has to be made by following new governmental set up, as such, the subject matter of this writ petition has become infructuous. The submission of the learned Government Pleader is placed on record, and the writ petition is dismissed as having become infructuous. The Registry is directed to verify and list the connected W.P.Nos.17004 and 14124 of 2004 if they are not already disposed of. No order as to costs.

As a sequel to the dismissal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_________________ G. CHANDRAIAH, J 17.11.2015 ______________________ U.DURGA PRASAD RAO, J bcj