Andhra Pradesh High Court - Amravati
Bandlamudi Anjaneya Prasad vs The State Of Ap on 5 August, 2024
APHC010333732024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
MONDAY ,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 16948/2024
Between:
Bandlamudi Anjaneya Prasad ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. PILLI SUNDEEP
Counsel for the Respondent(S):
1. GP FOR SERVICES III
The Court made the following:
Rule nisi.
Call for records.
Notice returnable in four (4) weeks.
_________________________
SUBBA REDDY SATTI, J
I.A.No.1 of 2024:-
The above writ petition is filed impugning the proceedings issued by
respondent No.4 vide Rc.No.493/A2/SS/2024, dated 29.07.2024, whereby the
petitioner has been temporarily deputed to MRC Machilipatnam,
Machilipatnam Mandal on work adjustment basis, as illegal and arbitrary.
Heard Sri Pilli Sandeep, learned counsel for the petitioner and
Smt.R.Sudha Rani, learned Standing Counsel appearing for respondents 3 to
7.
Learned counsel for the petitioner would submit that the petitioner was
appointed as MIS Coordinator in Mandal Resource Center, Gannavaram
Mandal, Krishna District vide proceedings in Rc.No.9/B3/RVM(SSA)2012,
dated 30.10.2012. The petitioner has been discharging his duties since then.
As the matter stood thus, the petitioner received intimation through E-mail to
attend the office of MEO on 25.07.2024. The petitioner attended the meeting.
Questionnaire was given to the petitioner vide Exhibit P.4 and the petitioner
filled up the questionnaire. By proceedings impugned in the writ petition, the
petitioner was deputed to MRC Machilipatnam, Machilipatnam Mandal on
work adjustment basis and the same is illegal and arbitrary.
On the other hand, learned Standing Counsel would submit that based
upon the inquiry report submitted by Three-men committee and case in the
allegations, the petitioner was temporarily deputed to MRC Machilipatnam,
Machilipatnam Mandal on work adjustment basis. Learned Standing Counsel
seeks time to file counter affidavit.
In State of Punjab and Others v. Inder Singh and Others 1 , the
Hon'ble Apex Court discussed about the concept of deputation. At para No.18,
the Hon'ble Apex Court observed as follows:
"18. The concept of "deputation" is well understood in service
law and has a recognized meaning "Deputation" has a different
connotation in service law and the dictionary meaning of the work
"deputation" is of no help. In simple words "deputation" means service
outside the cadre or outside the parent department. Deputation is
(1997) 8 SCC 372
deputing or transferring an employee to a post outside his cadre, that
is to say, to another department on a temporary basis. After the expiry
period of deputation the employee has to come back to his parent
department to occupy the same position unless in the meanwhile he
has earned promotion in his parent department as per the Recruitment
Rules. Whether the transfer is outside the normal field of deployment
or not is decided by the authority who controls the service or post from
which the employee is transferred. There can be no deputation without
the consent of the person so deputed and he would, therefore, know
his rights and privileges in the deputation post. The law on deputation
and repatriation is quite settled as we have also seen in various
judgments which we have referred to above."
As seen from the proceedings impugned in the writ petition, based on
the alleged Three-men Committee report, the petitioner was transferred from
Mandal Resource Center, Gannavaram Mandal, Krishna District to MRC
Machilipatnam, Machilipatnam Mandal. As per guidelines for filling up of the
posts, the Unit of appointment in respect of MIS Coordinators is Mandal and
the candidates belonging to a particular Mandal are only eligible to apply to
the post of MIS Coordinator.
In view of observations made by the Hon'ble Apex Court in State of
Punjab and Other's case, prima-facie, this Court is of the opinion that the
proceedings impugned in the writ petition is illegal and is liable to be
suspended.
Accordingly, the proceedings issued by respondent No.4 vide
Rc.No.493/A2/SS/2024, dated 29.07.2024, is hereby suspended.
________________________
SUBBA REDDY SATTI, J
TVN
