APHC010178652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9285/2024 Between: 1. PALAKURTHI SIVA KUMAR, S/O SRINIVASA RAO, AGED ABOUT 28 YEARS, OCC UNEMPLOYEE, R/O D.NO. 11-104, R AND B BUNGALOW ROAD YERRAGONDAPALEM VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT., SOCIAL WELFARE (TW.EDN.2) DEPARTMENT, VELAGAPUDI, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 2. AP TRIBAL WELFARE RESIDENTIAL EDUCATION SOCIETY GURUKULAM, REP. BY ITS SECRETARY, MOKSHASAI PLAZA, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 4. THE DISTRICT ST WELFARE AND EMPOWERMENT OFFICER, ONGOLE, PRAKASAM DISTRICT. 5. THE PROJECT OFFICER ITDA, SRISAILAM. 6. AP TRIBAL WELFARE RESIDENTIAL SCHOOL BOYS, REP. BY ITS PRINCIPAL, GIDDALUR, PRAKASAM DISTRICT. 2 ANDHRA PRADESH CORPORATION FOR OUTSOURCING SERVICES REP. BY ITS MANAGING DIRECTOR P.N.B.S., VIJAYAWADA, KRISHNA DISTRICT. ...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 topleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the proceedings RC.No.A2/574/TWD-PKM, dt.02-11-2023 issued by 4th Respondent and letter No.2236941/TW. Edn/2023, dt.09-01-2024 issued by the 1 st Respondent is arbitrary, illegal and in violation of Article 14, 16 and 21 of the Constitution of India and to quash or set aside the same and to issue consequential direction to the respondents to continue the petitioner in 6th Respondent school as Data Entry Operator/ Jr. Assistant in the available vacancy and to pass IA NO: 1 OF 2024 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 pleased to direct the respondents to continue the petitioner as Data Entry Operator/ Jr. Assistant in the vacancy available at 6th Respondent school by suspending the Proceedings RC.No.A2/574/TWD-PKM, dt.02-11-2023 issued by 4th Respondent and letter No.2236941/TW. Edn/2023, dt.09-01-2024 issued by the 1 st Respondent and to pass Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES II (AP) 2. ANITHA MESA (SC FOR APREIS TW SW BC) The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.9285 of 2024 O R DE R: The present Writ Petition is filed questioning the proceedings RC.No.A2/574/TWD-PKM, dated 02.11.2023 issued by Respondent No.4 and letter No.2236941/TW.Edn/2023, dated 09.01.2024 issued by Respondent No.1 as illegal and arbitrary. 2. The facts leading to filing of the writ petition are as under: Petitioner belongs to Scheduled Tribe community and his education qualification is B.Com. Degree in Computer Application. While so, the Petitioner worked for a brief period from 01.12.2017 to 28.02.2018 as Data Entry Operator/Junior Assistant at A.P.Tribal Welfare Residential School, Yerragondapalem, Prakasam District on outsourcing basis. Subsequently, M/s.Madhav outsourcing agency, Ongole was approved by respondent No.3 to supply manpower on outsourcing basis for 14 vacancies out of which, seven (7) vacancies pertain to Compute Operators and seven (7) vacancies pertain to Office Subordinates. 4 3. On 04.08.2019, the said M/s.Madhav outsourcing agency, communicated the appointment of the Petitioner appointing him as Date Entry Operator/Junior Assistant in Respondent No.6- School. While so, Petitioner met with an accident and fractured his leg and could not attend to duties. Thereafter, the Petitioner was informed that the vacancy was filled up by regular candidate, who came from State of Telangana. Subsequently, Petitioner gave representations to the Additional Secretary to provide an opportunity on outsourcing basis. As there is no response for the repeated representations, Petitioner filed W.P.No.22191 of 2023 and the same was disposed of on 04.09.2023 directing the Respondents to consider the representation of the Petitioner and pass appropriate orders in accordance with law. 4. Pursuant thereto, 4th Respondent issued order dated 02.11.2023 informing that there is no provision to provide job on outsourcing basis as Government has introduced APCOS. Pursuant to contempt case filed, 1st Respondent issued letter dated 09.01.2024 informing the Petitioner that his request is not feasible. Hence, the present writ petition. 5 5. Heard Sri A.Rajendra Babu, learned counsel for the Petitioner and learned Government Pleader for Services-II. 6. Learned counsel for the Respondents submits that the case of the Petitioner will be considered subject to availability of vacancies in the qualification which is suitable for the Petitioner. 7. Considering the submissions, the writ petition is disposed of directing the Respondents to examine the case of the Petitioner for appointment on outsourcing basis in any available vacancy suitable to the educational qualification of the Petitioner. There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 23.12.2025 KLP