K. Kalpana v. The Andhra Pradesh Public Service Commission
THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO.10844 OF 2018
O R D E R
(Per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is therefore pray that this Hon'ble Court may be pleased to issue writ or order more particularly one in the nature of writ of MANDAMUS by declaring the revised selection of Group-II Services of Notification No.10/1999 contrary to the judgment of the Hon'ble Supreme Court of India in Civil Appeal No.5099 of 2006 dated 18.2.2015 in selecting the petitioner as Senior Accountant in the Director of Treasuries Department in the revised selection list dated 9.6.2017 as illegal, arbitrary and violative of principles of natural justice and violative of Article 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled to continue as Extension Officer (PR & RD) at present station i.e., in Telangana Zone-V with all consequential benefits and to pass such other orders as are necessary in the interests of justice.'
Sri R.V.Mallikarjuna Rao, learned counsel for the petitioner, and Sri C.Srinivasa Baba, learned counsel for the Andhra Pradesh Public Service Commission, would state that no adjudication on merits is warranted at this stage as this Court had occasion to consider a similar issue in W.P.No.5419 of 2018 which was disposed of vide order dated 08.03.2018. A copy of the same is placed on record.
Perusal of the aforestated order reflects that this Court, upon being apprised that the issue raised in the writ petition was seized of by the Supreme Court, disposed of the writ petition directing the
respondents to continue the petitioner therein in service in the existing post as per the willingness given by him pursuant to the communication received from the Andhra Pradesh Public Service Commission. It was also made clear that the same would be subject to the outcome of the case pending before the Supreme Court.
In terms of the aforestated order, this writ petition is disposed of directing the authorities to continue the petitioner in service in her existing post as per the willingness given by her in response to the communication received from the Andhra Pradesh Public Service Commission. The same would however be subject to the outcome of the decision of the Supreme Court in the pending case.
Pending miscellaneous petitions, if any, shall stand closed in the light of the aforestated order. No order as to costs. ____________________ SANJAY KUMAR, J ____________________ M. GANGA RAO, J 2nd APRIL, 2018 Note: Issue C.C. by tomorrow.
B/o Svv