D. Rama Krishna, v. Appsc

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON NO.14525 OF 2018

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner, an Excise Inspector working in the State of Telangana, reads as under:

'For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue writ, 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 Excise Sub-Inspector of Zone-III, 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 petitioners are entitled to continue as Excise Inspector at present stations i.e., in Zone-VI of Telangana with all consequential benefits and to pass such other orders as are necessary in the interests of justice.'

We are informed that a similar issue arose for consideration in W.P.No.5419 of 2018 before another Division Bench of this Court and, upon being apprised that the Supreme Court was seized of the issue, the said Division Bench disposed of the writ petition, by order dated 08.03.2018, directing the authorities to continue the petitioner therein in service as per the willingness given on 02.01.2017 pursuant to the letter issued by the Andhra Pradesh Public Service Commission. Sri C.Srinivasa Baba, learned counsel for the Andhra Pradesh Public Service Commission, also concedes that the same relief can be extended to the petitioner herein.

For reasons alike as were mentioned in the aforestated order and in terms thereof, this writ petition is disposed of directing the continuance of the petitioner in service as per the willingness given by him. Needless to state, the same would be subject to the outcome of the case pending before the Supreme Court.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J _______________ M. GANGA RAO, J 23rd APRI L, 2018 Note: Issue C.C. by tomorrow.

B/o Svv