P Leelavathi v. The Andhra Pradesh ,

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.23800 of 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the unsuccessful applicant in O.A.No.9405 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, which was dismissed, vide order dated 22.9.2015. By way of the said O.A., the petitioner sought to challenge the appointment of respondent No.6 therein, respondent No.7 in this Writ Petition, to the post of Village Revenue Assistant at Tripuranthakam Village, Prakasam District. Her ground of challenge was that the said respondent was not eligible to hold the post as per the notification dated 07.12.2011, as she was not residing at Tripuranthakam Village.

By the order under challenge, the Tribunal held that in the light of the assertion by the unofficial respondent to the effect that she was a native of Tripuranthakam Village, the contention to the contrary could not be accepted. The Tribunal accordingly vacated the interim order granted during the pendency of the O.A. and dismissed it.

Perusal of the notification dated 07.12.2011 issued by the Government of Andhra Pradesh, through its Revenue department, for direct recruitment to the posts of Village Revenue Assistants in Revenue department at various locations indicates that the

SK, J & MGR, J WP.No.23800 of 2018 Dated:20.12.2018 candidate should be a native of the revenue village for which the recruitment was notified.

Sri B.Yuvraj, learned counsel for the petitioner, does not dispute the fact that respondent No.7 in this Writ Petition was a native of Tripuranthakam Village. He would however assert that after her marriage, she shifted to her husband's Village, viz, Savalyapuram Village in Guntur District.

It may however be noted that the notification does not require the candidate to be actually a resident of the revenue village at the time the recruitment is notified, but only nativity is insisted upon. As it is an admitted fact that the unofficial respondent satisfied this requirement, the contention of the petitioner based on residence had no merit. The order passed by the Tribunal holding to this effect therefore does not warrant interference on any ground. The Writ Petition is devoid of merit and is accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR ____________________ JUSTICE M.GANGA RAO 20th December, 2018 DR