APHC010186212013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 7844 OF 2013 Between: 1. The Chief Postmaster General. AP Circle, Hyderabad 500 001 2. The Postmaster General, Vijayawada Region, Vijayawada - 520 003 3. The Senior Supdt. of Post Offices, Vijayawada Division, Vijayawada- 520 001 ...Petitioners AND 1. Sk Moula Saheb S/o Sk Khasim, Working as GDSMC/MD, Kanumuru BO A/w Mantada SO in Vijayawada Division 2. KVS Rama Rao, Working as Group D, Krishna Lanka SO, Vijayawada 520 013 3. PV Vasantha Rao, Working as GDS BPM, J Annavaram BO, a/w Jaggayyapet SO, Vijayawada Division ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction, more particularly one in the may I nature of Writ of Certiorari, calling for the records pertaining to order dated 13.03.2012 in OA No.638/2010 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the as illegal, arbitrary, contrary to law and unconstitutional same lA NO: 1 OF 2013(WPMP 9836 OF 20131 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order in OA No.638 of 2010 dated 13.03.2012 on the file of Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad, pending disposal of the Writ Petition. IA NO: 1 OF 2014(WVMP 2009 OF 20141 Sk Moula Saheb S/o Sk Khasim, Working as GDSMC/MD, Kanumuru BO A/w Mantada SO in Vijayawada Division ...Petitioner/ Respondent AND 1. The Chief Postmaster General, AP Circle, Hyderabad 500 001 2. The Postmaster General, Vijayawada Region, Vijayawada - 520 003 3. The Senior Supdt. of Post Offices, Vijayawada Division, Vijayawada- 520 001 ...Respondents/ Petitioners 4. KVS Rama Rao, Working as Group D, Krishna Lanka SO, Vijayawada 520 013 5. PV Vasantha Rao, Working as GDS BPM, J Annavaram BO, a/w Jaggayyapet SO, Vijayawada Division ...Respondents/Respondents (RRs 4 and 5 are not necessary parties) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed on 18.3.2013 by this Hon'ble Court in W.P.M.P.No.9836/2013 in W.P.No.7844/2013 justice. Counsel for the Petitioners: SRI A RAVINDRA BABU (CENTRAL GOVT COUNSEL) Counsel for the Respondents: SRI K J V N PUNDAREEKAKSHUDU Counsel for the Respondents: SRI A RAGHU KUMAR The Court made the following order: in the interest of F APHC010186212013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] x'aW.-; I- J. TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 7844/2013 Between: 1.THE CHIEF POSTMASTER GENERAL, AP CIRCLE, HYDERABAD 500 001 2.THE POSTMASTER GENERAL, VIJAYAWADA REGION, VIJAYAWADA - 520 003 3.THE SENIOR SUPDT. OF POST OFFICES, VIJAYAWADA DIVISION, VIJAYAWADA-520 001 ...PETITIONER(S) AND 1.SK MOULA SAHEB S/0 SK KHASIM, WORKING AS GDSMC/MD, KANUMURU BO A/W MANTADA SO IN VIJAYAWADA DIVISION 2.KVS RAMA RAO, WORKING AS GROUP D, KRISHNA LANKA SO, VIJAYAWADA 520 013 3.PV VASANTHA RAO, WORKING AS GDS BPM, J ANNAVARAM BO, A/W JAGGAYYAPET SO, VIJAYAWADA DIVISION ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ Order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records pertaining to order dated 13-03.2012 in OA No.638/2010 on the file of the Hon'ble Central 2 HBKM,J & AHHS.J W.P.No. 7844 of 2013 Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the as illegal, arbitrary, contrary to law and unconstitutional and pass lA NO: 1 OF 2013(WPMP 9836 OF 2013 same Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order in OA No.638 of 2010 dated 13.03.2012 on the file of Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad, pending disposal of the Writ Petition and pass lA NO: 1 OF 2014(WVMP 2009 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed on 18.3.2013 by this Hon'ble Court in W.P.M.P.No.9836/2013 in W.P.No.7844/2013 in the interest of justice and may pass Counsel for the Petitioner{S): 1.A RAVINDRA BABU (CENTRAL GOVT COUNSEL) Counsel for the Respondent(S): 1.KJ VN PUNDAREEKAKSHUDU 2.A RAGHU KUMAR 3 HBKM,J & AHHS.J W.P.No. 7844 of 2013 The Court made the foliowing: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned Central Government Counsel for the petitioners and the learned counsel for the 1®* respondent. 2. This writ petition was filed against the order in O.A.No.638 of 2010 on the file of Central Administrative Tribunal, Hyderabad Bench at Hyderabad, dated 13.03.2012. The Tribunal directed the respondents therein to fill up the vacancies caused by the declining of promotion by Sri K.V.S.Rama Rao and the inability of Sri B.V.Vasantha Rao to join the post because of the disciplinary action against him by selecting the next meritorious candidates who were qualified in the examination held on 18.03.2007. 3. The learned Central Government Counsel for the petitioners submits that the learned Tribunal ought not to have granted such relief since the rules do not permit for the same, as there was no waiting list prepared for the said selections under the said notification. Though the counter affidavit was filed by the respondents therein/department, the Tribunal did not consider the same in the right perspective to appreciate the rule position. The counter affidavit of the respondents clearly says that the case of the applicant therein could not be considered though he was one of the next meritorious candidates in the Postman examination held on 18.03.2007, as there were no instructions to fill up such vacant positions caused due to declining of promotion or otherwise with the next meritorious candidates of 4 HBKM,J & AHHS W.P.No.7844 of 2013^ no waiting list prepared to the the same examination and as there was extent of vacancies announced in the relevant category. The letter bearing No.47-5/79-SPB.I, dated 20.03.1979 from the DG Posts Delhi to all the Heads of Postal Circles with respect to the Recruitment to Class-IV Test Category Posts, categorically copy of the New states that no waiting list shall be maintained in the recruitment to the Cadre of Postmen. Ignoring the such relief to consider the next above said rule position the Tribunal granted meritorious candidates on account of the vacancies arouse subject to those contingencies. 4. The learned counsel for the 1 position does not support for maintenance of Postman. respondent also submits that the rule waiting list for the post of 5. However, both the learned subsequent developments, the post of Postman in the vacancies successful passing out of the said Postman with effect from 11.07.2020 and he has post. counsels submit that, in view of the respondent was already selected to the arouse for the years 2018-19 and examination, he was appointed been working in the said upon as 6. In view of the same, no relief can be granted to the 1®‘ under the orders of the learned Central Administrative Tribunal. respondent 5 HBKM,J & AHHS.J W.P.No.7844of2013 7. Accordingly, this Writ Petition is allowed by setting aside the order passed by the learned Central Administrative Tribunal in O.A.No.638 of 2010, dated 13.03.2012. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. A Ravindra Babu (Central Govt Counsel) [OPUC] 2. One CC to Sri. K J V N Pundareekakshudu Advocate [OPUC] 3. One CC to Sri. A Raghu Kumar Advocate [OPUC] 4. Two CD Copies gsc ¥ HIGH COURT DATED:08/07/2025 ORDER WP NO. 7844 OF 2013 8=> S t7 SEP 2(125 Of. f * Current beciion ALLOWING THE WP WITHOUT COSTS