J.Sudarshana v. The Executive Officer, Chittoor Dist.And ANR

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI WRI T PETI TI ON No.6688 of 2005 ORDER:

This writ petition is filed seeking to issue a writ of mandamus, declaring the action of respondent No.1 in issuing proceedings, dated 17.03.2005, as arbitrary, illegal and set aside the same and sought a consequential direction to the respondents to continue the petitioner as Assistant Steward in S.G.S.Arts College Hostel, Tirupati, Chittoor District. Heard Sri S.Lakshminarayana Reddy, learned counsel, appearing for the petitioner and Sri S.Venkateswara Rao, learned standing counsel, appearing for the respondents.

It has been contended by the petitioner that he was initially appointed as a N.M.R in S.G.S.Arts College Hostel, Tirupati, run by the respondents and his services were regularized and he was absorbed in pursuance to the resolution passed by the TTD Board with effect from 03.06.1991 in the cadre of Attender/Office Boy. He was subsequently promoted as Assistant Steward. There afterwards, the respondents have issued a show cause notice to the petitioner after nearly 12 years i.e.,on 09.12.2004 as to why he should not be reverted to the post of Office Boy. The petitioner has submitted his explanation. After considering the explanation of the petitioner, the respondents have passed the impugned proceedings on 17.03.2005, reverting the petitioner to the post of Office Boy (Attender cadre). Challenging the reversion order, the present writ petition is filed.

The learned counsel for the petitioner submits that though this court suspended the impugned reversion proceedings by way of interim

AKS,J WP_6688_2005 order, the respondents have not implemented the same and the reversion order was affected and he is now working as Office Boy. The respondents have not filed counter.

This court, having considered the rival submissions made by the parties, feels that ends of justice would be met if the respondents are directed to consider the case of the petitioner to the post of Assistant Steward in pursuance to the vacancies which have arisen after passing the impugned order, dated 17.03.2005, if the petitioner is fully eligible and qualified for the said post, within a period of 4 (four) weeks from the date of receipt of a copy of this order.

With these observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________________ ABHI NAND KUMAR SHAVI LI ,J Date: 27.07.2018 Dsr