T.Sai Baba v. The Andhra Pradesh Public Service Commission

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24338 of 2018 ORDER: (ORAL) (Per Suresh Kumar Kait, J) The prayer of the petitioners reads as under: "... to issue a writ or order more particularly one in the nature of writ of Mandamus directing the respondents not to relieve the petitioners from their present postings, i.e., Extension Officer PR & RD till the Hon'ble Supreme Court of India disposes the Contempt Petition No.1702 of 2017 and batch in C.A.No.5099 of 2006 and batch pending before it as ordered in similar cases in W.P.No.18311 of 2018 and batch by declaring that the orders of the Hon'ble Supreme court of India mentioned in the G.O.Rt.No.2175 GAD (Ser.A) Dept., dated 29.09.2017 and decision of the respondents in Circular Memo No.808653/Ser.A/2017 dated 08.03.

2018 and in Memo No.7800/Ser.A/A1/2015 dated 12.03.2018 are binding on the respondents and the impugned proceedings dated 10.05.2018 and 03.07.2018 issued by the 1st respondent as bad under law 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 this Court and, upon being apprised that the Supreme Court was seized of the issue, this Court disposed of the writ petition, by order dated 08.03.2018, directing the authorities to continue the petitioners therein in service as per the willingness given pursuant to the letter issued by the Andhra Pradesh Public Service Commission.

SKK, J & AKS, J W.P.No.24338 of 2018 Sri C. Srinivasa Baba, learned counsel for the Andhra Pradesh Public Service Commission, also concedes that the same relief can be extended to the petitioners herein.

For the reasons alike as were mentioned in the afore-stated order and in terms thereof, this writ petition is disposed of directing the continuance of the petitioners in service as per the willingness given by them. As impugned proceedings have already been issued relieving the petitioners, the said orders shall stand set aside and the petitioners shall be restored to the posts in the event they have already been acted upon. Needless to state, the same would be subject to the outcome of the case pending before the Supreme Court. As a sequel, miscellaneous petitions, if any pending, shall stand disposed of as infructuous.

_______________________ SURESH KUMAR KAIT, J _____________________________ ABHINAND KUMAR SHAVILI, J July 16, 2018 MRR