Andhra Pradesh High Court - Amravati
Chukka Sarat Babu vs The State Of Andhra Pradesh on 21 February, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE: W.P. No. 4374 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
01. 21.02.2022 RNT,J
Heard Sri Jada Sravan Kumar, learned
counsel for the petitioner, and Sri Vadapalli
Ramesh, AGP for Services - IV, representing for
all the respondents.
Learned AGP for Services - IV prays for
two weeks time to file counter.
The petitioner has challenged the order of
his relieving dated 09.02.2022, by which, he has
been relieved from the duties of Assistant
Librarian Government Dental College and
Hospital, Vijayawada.
Challenging the discontinuance of his
services on contract basis, the petitioner filed
W.P. No. 20604 of 2020, in which an interim
order was granted, directing the respondents to
continue the petitioner as Assistant Librarian in
the college of respondent No.3 on contract basis
subject to payment of salary until further orders.
This Court noticed that in previously filed writ
petition, in WPMP.No.15705/2010 in
W.P.No.12453/2010, vide order dated 03.06.2010
& 30.06.2010, the petitioner was directed to be
continued in service. Alleging non-compliance
the petitioner filed C.C. No. 296 of 2021 and
during its pendency, the 3rd respondent passed
an order dated 20.01.2022 and thereby permitted
the petitioner on contract basis to attend the
duties as Assistant Librarian in the existing
vacancy of Assistant Librarian in the said college
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NO. NOTE
for a period of one year, subject to
SLPs./WPs/Was/RPs/OAs/Cases etc., if any,
pending before the Courts of law. The
WP.No.20604 of 2020 along with W.P. No. 12453
of 2010 was decided finally by judgment dated
04.02.2022 dismissing W.P.No.12453/2010 and
with respect to W.P.No. 20604 of 2020, this court
keeping in view the submission that the petitioner
is solely dependent on the post in question, left it
open to the respondents to consider the
petitioner's case for appointment, in any suitable
post, in any of the existing vacancies. The
petitioner by the impugned order dated
09.02.2022 has been relieved from the duties of
the Assistant Librarian.
Learned counsel for the petitioner submits
that the petitioner was appointed on contract
basis for a period of one year and against the
existing vacancy of Assistant Librarian in the
college, which is evident from the order dated
20.01.2022 and therefore, in view of the order
passed in W.P.No.20604/2020, the respondents
should have considered the petitioner's case for
appointment, in a suitable post and ought not to
have relieved the petitioner on 09.02.2022
arbitrarily and that too in violation of the
principles of natural justice.
Prima facie, this Court is of the view that
once this court in W.P. No. 20604 of 2020
granted liberty to the 3rd respondent to consider
the petitioner's case against some existing
vacancies in any suitable post and as in view of
the interim order, the petitioner was given
appointment on contractual basis for a period of
one year w.e.f 20.01.2022 against the existing
vacancy, the 3rd respondent ought to have
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NO. NOTE
considered the petitioner's case pursuant to the
liberty granted to respondent No.3 before
relieving the petitioner vide order dated
09.02.2022.
Under the circumstances, the operation of
the impugned order shall remain stayed till the
decision is taken by the 3rd respondent in terms
of the judgment dated 04.02.2022 in
W.P.No.20604 of 2020.
List on 07.03.2022.
_________
RNT, J
Dsr
