HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
WEDNESDAY, THE EIGHTEENTH DAY OF MARCVH,
TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
AND
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WP .NO: 4792 of 2015
Between:
1. J.Raghupathy, S/o. Saamya
2. R.Venkatesh, S/o. Satyanarayana
3. Pasula Vikas, S/o. Damaodar Reddy
4. Baddipaduga Satyam, S/o. Yella Reddy
..... Petitioners/Leave Petitioners
AND
1. C.Manohar Reddy, S/o. Goverdhan Reddy, R/o. No. 1-30, Daspally Village, Talkapally Mandal, Mahaboobnagar
District - 509 385.
2. E.Shiva Kumar, S/o. Bhoomaiah, R/o. No. 3-75, Angadi Bazar, Village/Mandal, Luxettipet, Adilabad District - 504
215.
3. Ch.Madhukar, S/o. Thirupathi, R/o. No. 2-52, Village Rajannapet, Mandal Yellareddypet, District Karimnagar - 505
305.
Respondents/Applicants in OA
4. The Union of India, rep .by its Secretary, Ministry of Statistics & Programme Implementation, NSSO (FOD),
R.K.Puram, New Delhi.
5. The Deputy Director General, Ministry of Statistics & Programme Implementation, NSSO (FOD), Zonal Office,
Kendriya Sadan, Koramangala, Bangalore - 560 034.
6. The Deputy Director General, Ministry of Statistics & Programme Implementation, NSSO (FOD), Regional Office,
Andhra Pradesh (North) Region, No. 293/7, 1st Floor, R&B Complex, AC Guards, Mahaveer Marg, Hyderabad -
500 004.
.....Respondents/Respondents in OA
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed
herein, the High Court may be pleased to issue a writ, order or direction in the nature of Mandamus under Article 226 of the
Constitution of India declaring the order passed by the Hon'ble Central Administrative Tribunal in OA.No. 807/2014 dated
17-07-2014 are not only erroneous, but also without jurisdiction apart from contrary to the Section 24 of the Administrative
Tribunal Act, 1985 and set aside the same.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the
arguments of Sri P..V.Krishnaiah, Advocate for the Petitioners and of Sri Harender Prasad, Advocate for the Respondents
1 to 3, the Court made the following
ORDER:
" While Sri P.V.Krishnaiah, learned counsel for the petitioners has put forth his submission on merits, Sri Harender Prasad, learned counsel for respondents 1 to 3, would rely on the judgment of the Supreme Court in Rajeev Kumar vs. Hemraj Singh Chouhan (2010) 4 SCC 554 and an order of this Court in WP.No. 38524 of 2014 dated 09-03-2015 to contend that the petitioners' remedy is only to approach the Central Administrative Tribunal, and implead themselves in the O.A. filed by the respondents-applicants. Sri P.V.Krishnaiah would seek to distinguish these judgments and requests that the matter be taken up next week to enable him to make further submission in this regard.
..2..
Both Sri P.V.Krishnaiah, learned counsel for the petitioners and Sri Harender Prasad learned counsel for respondents 1 to 3 would agree that, as long as the applicants in the O.A. are continued in service, the remaining vacancies can be filled up in accordance with the notification issued on 15-06-2014.
As counsel on either side are in agreement, the interim order passed by the Tribunal is modified and, while the official respondents shall continue the unofficial respondents in service, it is open to them to fill up the remaining vacancies in accordance with the selection carried out pursuant to the notification dated 15-06-2014.
Post the writ petition "for admission and hearing" on 25-03-2015."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. C.Manohar Reddy, S/o. Goverdhan Reddy, R/o. No. 1-30, Daspally Village, Talkapally Mandal, Mahaboobnagar District - 509 385.
2. E.Shiva Kumar, S/o. Bhoomaiah, R/o. No. 3-75, Angadi Bazar, Village/Mandal, Luxettipet, Adilabad District - 504
215.
3. Ch.Madhukar, S/o. Thirupathi, R/o. No. 2-52, Village Rajannapet, Mandal Yellareddypet, District Karimnagar - 505
305.
4. The Secretary, Ministry of Statistics & Programme Implementation, NSSO (FOD), Union of India, R.K.Puram, New Delhi.
5. The Deputy Director General, Ministry of Statistics & Programme Implementation, NSSO (FOD), Zonal Office, Kendriya Sadan, Koramangala, Bangalore - 560 034.
6. The Deputy Director General, Ministry of Statistics & Programme Implementation, NSSO (FOD), Regional Office, Andhra Pradesh (North) Region, No. 293/7, 1st Floor, R&B Complex, AC Guards, Mahaveer Marg, Hyderabad - 500 004.
7. One CC to Sri P.V.Krishnaiah, Advocate(OPUC) 8 Two spare copies.
SAH HIGH COURT RRJ & MSMJ DATED: 18-03-2015 NOTE: POST THE WRIT PETITION "FOR ADMISSION AND HEARING" ON 25-03-2015 ORDER WP.NO. 4792 OF 2015 DIRECTION DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 19-03-2015 HIGH COURT RRJ & MSMJ DATED: 18-03-2015 NOTE: POST THE WRIT PETITION "FOR ADMISSION AND HEARING" ON 25-03-2015 ORDER WP.NO. 4792 OF 2015 DIRECTION