Kompelly Narsaiah, v. The Government Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT PETITION No.39078 of 2013 ORDER:
(Per Hon'ble Sri RSR, J.) Applicants in O.A.No.6273 of 2011 filed before the Andhra Pradesh Administrative Tribunal, Hyderabad have filed this Writ Petition aggrieved by the order, dated 06.12.2013 passed by the Tribunal in the said O.A. Petitioners are appointed as Village Servants on temporary basis as per the provisions under Rule 6 of A.P. Village Servants Service Rules, 2005. Initially, they were appointed for a period of six months and when they requested to continue them beyond such period, their request was rejected by Memo, dated 01.07.2011 referring to ban orders issued by the Government by virtue of provisions under The Andhra Pradesh (Regulation of Appointments to Public Servants and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (for short "Act 2 of 1994"). As against the said order, the petitioners filed O.A.
No.6273 of 2011 before the Tribunal, which ended in dismissal. Aggrieved by the same, this Writ Petition is filed.
request was not considered. It is further submitted that ban imposed by the Government vide Act 2 of 1994 also will not come in their way for claiming extension of appointment. 4 It is to be noticed that the petitioners were appointed not by the method known to law. They were appointed on temporary basis as Village Servants as per the Andhra Pradesh Village Servants Service Rules, 2005 for a period of six months and thereafter, they are being continued. When their appointment was made purely on temporary basis, they do not have any right to seek for their continuance beyond the said period. Whether there is any need to continue them or not is a matter to be decided by the respondents but the petitioners cannot make any claim for continuance on the ground that there is requirement. In view of the reasons recorded in the impugned order passed by the Tribunal, we do not find any merit in this Writ Petition so as to issue any direction to continue the petitioners in service as Village Servants.
5 Accordingly this Writ Petition is dismissed. However, as it is submitted that the petitioners have made a representation, dated 10.12.2013 to the respondent authorities, it is open for them to consider and dispose of the same in accordance with law. No order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.
_______________________ R. SUBHASH REDDY, J.
___________________________ A. SHANKAR NARAYANA, J.
Date: 31.12.2013 Kvsn*