Gedam Balaji v. The District Collector

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON NO.29793 OF 2018 ORDER: (per SK,J) The prayer of the petitioner in this case reads as under: 'For the reasons stated above, it is therefore prayed that this Hon'ble Court may be pleased o issue a Writ, order or direction, more particularly a Writ of Certiorari, call for the connected records including the impugned order of the Hon'ble A.P. Administrative Tribunal in O.A.No.4173 of 2012, dated 29.03.2016 wherein dismissing the O.A.

, on ground that the petitioner is not a native of Ippalanavagaon Village, Yellaram Gram Panchayat, Asifabad Mandal and District though he belong to same Gram Panchayat and set aside the same as illegal, improper, unjust, arbitrary, contrary to the law and violative of the provisions contained Article 16(2) of Constitution of India by directing the respondents to consider the case of the petitioner for appointment to the post of Village Revenue Assistant of Ippalanavagaon Village, Yellaram Gram Panchayat, Asifabad Mandal and District as per his merit with all consequential benefits and pass such other order or orders in the interest of justice.'

We were informed on 23.08.2018 that there was only one post of Village Revenue Assistant at Ippalanavagaon Village of Asifabad Mandal, Adilabad District, and in the light of the order dated 07.06.2018 passed by this Court in W.P.No.6036 of 2018 in relation thereto, the case of the petitioner could not be considered. We were further informed by the learned Government Pleader for Services-II, State of Telangana, that the authorities were in the process of filing a review petition in relation to the order dated 07.06.2018 passed in W.P.No.6036 of 2018. Today, we are informed by the learned Government Pleader that I.A.No.2 of 2018 was filed in W.P.No.6036 of 2018 seeking review of the

order dated 07.06.2018 passed in the said writ petition and by order dated 28.09.2018, the review petition was disposed of modifying the earlier order dated 07.06.2018 as under:

'We hereby direct that the candidate whosoever secured the highest marks for appointment to the post of Village Revenue Assistant, Ippalanavegaon village, the respondents-authorities are directed to give appointment to the said candidate within a period of four (04) weeks from the date of receipt of a copy of this order.' Learned Government Pleader would inform this Court that in the light of the aforestated modification, steps would be taken to fill up the post of Village Revenue Assistant, Ippalanavagaon Village, on the strength of merit.

The grievance of the petitioner therefore stands settled as Sri B.Krishna, learned counsel for the petitioner, would assert that the petitioner stands highest in terms of merit.

The writ petition is accordingly closed taking on record the statement made by the learned Government Pleader. The exercise shall be completed expeditiously in terms of the direction of this Court in Review I.A.No.2 of 2018 in W.P.No.6036 of 2018. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

_______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:28.11.2018 GJ