1 APHC010439382019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21156/2019 Between: V Balaji ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21156 of 2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioner dated 09.12.2019 against the provisional selection list for the post of Driver/Operator in West Godavari unit pursuant to the notification bearing R.C.No.110/R and T/RECT.2/2018 dated 25.01.2019 issued by the 2nd respondent as arbitrary, illegal, capricious and consequently direct the respondents to consider the representation dated 09.12.2019 before finalizing the selection of Driver/Operator in the West Godavari Unit and pass…” 2. Heard Sri Sai Gangadhar Chamarty, learned Counsel for the petitioner and learned Assistant Government Pleader for Services-I. 3. Learned Counsel for the petitioner would submit that it is a case of not considering the representation of the petitioner by the respondent-authorities for the post of Driver/Operator. 4. Learned Assistant Government Pleader for Services-I would submit that the representation of the petitioner is considered and the respondent- authorities issued proceedings selecting him as Driver/Operator. Written instructions in this regard are placed on record. 5. For ready reference the relevant portion of the proceedings is extracted hereunder: “The District Diaster Response & Fire Officer, Erstwhile West Godavari District, Eluru is invited to the reference 14th cited 3 above, wherein the Chairman, SLPRB, A.P., Mangalagiri stated that, in reply to his letter addressed to Government on dated. 05- 10-2023, the Principal Secretary to Govt., on dated. 20-10-2023 informed him that: "after examining the case with reference to Counter Affidavti filed by him as 3rd respondent in C.C.No.617/2022 in WP.No. 14081/2020 before the Hon'ble High Court of A.P., Government have issued orders vide Memo. dated 07-03-2023, directing /requesting to revoke the cancellation orders issued vide his Memo, dated 27-12-2021 and send Sri Vadityha Balaji, S/o. Vishnu, R/o. Venkatapalem, Annavaram, Krishna District to training for the post of Driver Operator in State Disaster Response & Fire Service Department, since the individual was acquitted beyond all reasonable doubt from the case No. 207/2007, pending disposal of W.P.No.28702/2021 & C.C.No.617/2022 in W.P.No. 14081/2020, which holds good. There a no new grounds to reconder the case, since the information furnished by him vide Counter Affidavit and now in his letter dated. 05-10-2023 is one and the same. The Chiarman, Sate Level Police Recruitment Board, Mangalagiri requested to implement the orders issued vide Government Memo, dated 07-03-2023 and furnish action taken report to Government. Hence the Government Memo. dated 07-03-2023 and 20- 10-2023 of Principal Secretary to Government, Home (Service.IV) Department has communicated by the Chairman, APSLPRB to the DGFS who is the appointing authority for issuing suitable orders in compliance to Government Memo.” 2) The copy of the letter alongwith Government Memo's dated 07- 03-2023 and 20-10-2023 is enclosed herewith. 3) In view of the Government orders issued and letter of the Chairman, APSLPRB, Managalagiri, the under signed is hereby permitted to appoint Sri Vaditya Balaji, S/o. V. Vishnu, R/o. Venkatapalem, Annavaram, Krishna District to the post of Driver Operator in West Godavari District as he is native of West 4 Godavari District and provisionally selected to the post of Driver Operator as per the Revised provisional selection list and merit list communicated by the Chairman, APSLPRB, Mangalagiri vide referecen 7th cited (Application No.WG/07, total marks obtained 54.8%) as he acquitted from the Case as per order dated 09-02- 2010 in AJFCM Court, Tadepalligudem in Case Cr. No.207/2007 U/s 457, 380 IPC of Tadepalligudem Town PS. 4) The District Disaster Response & Fire Officer, ershwhile West Godavari District, Eluru is hereby instructed to Issue Appointment Orders to the above candidate as Driver Operator in the existing vacancy immediately with instructions to the report before the Director, APFS & CDTI, Sattenapalle to under go (04) months Basic Induction Training commencing from 04-12-2023. 5) He is further instructed to submit the details of Issue of Appointment orders of Sri Vadithya Balaji, S/o. Vishnu to the Hon'ble High Court of Andhra Pradesh, Amaravathi for consideration and to drop the further process of judgment in the contempt case No. 207/2007, pending disposal of W.P.No.28702/2021 & C.C.No.617/2022 in W.P.No. 14081/2020 and report compliance. 6) The Director, APFS & CDTI, Sattenapalle is requested to impart Basic Induction training to the above Driver Operator in APFS & CDTI and report compliance. 7) The Receipt of the memo should be acknowledged.” 6. In the light of the submissions made, no further orders are required in this matter. Accordingly, the Writ Petition is disposed of. No order as to Costs. 5 Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 17.04.2025 UPS 6 38 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21156 of 2019 Dated.17.04.2025 UPS