THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL Nos.207, 209 and 395 of 2010 June 23, 2010 Between:
K.Jaya Bharath Reddy, S/o.Laxma Reddy … Appellant And The State of Andhra Pradesh, represented by its Secretary to Government, Law (L2) Department, Secretariat, Hyderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL Nos.207, 209 and 395 of 2010 COMMON JUDGMENT: (Per Hon’ble Sri Justice V.V.S.Rao) Out of these three writ appeals, W.A.Nos.207 and 209 of 2010 arise out of common order dated 12.2.2010 in W.P.Nos.21338 of 2009 and 428 of 2010, and W.A.No.395 of 2010 arises out of order dated 25.2.2010 in W.P.No.25418 of 2009. The dispute in these cases is in relation to power of the Government to appoint Ad hoc Government Pleader to District Court after expiry of term of regularly appointed Government Pleader.
Government of Andhra Pradesh promulgated Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions, 2000, vide their orders in G.O.Ms.No.187, dated 06.12.2000. Clause 11 thereof, empowers the Advocate General and District Collector to make interim arrangement in case of death, resignation, absence and expiry of term of law officer and obtain ratification from the Government. There is no dispute that the appellant in all these cases was appointed as Government Pleader for a period of three years vide G.O.Rt.No.1340, dated 15.9.2006. When his term was about to expire, District Collector addressed Principal District and Sessions Judge, Ranga Reddy District, on 17.9.2009 that the appellant shall continue as Government Pleader till regular appointment is made. Two weeks thereafter the Government issued G.O.Rt.No.1596, dated 01.10.2009 appointing Sri Y.Kondal Reddy (contesting respondent in all the writ appeals) as in-charge Government Pleader. Assailing the same, appellant filed W.P.No.21338 of 2009. Thereafter, by letter dated 29.12.2009, District Collector informed the District Judge that contesting respondent shall be in-charge Government Pleader. Assailing the same W.P.No.428 of 2010 was filed. The other writ petition being W.P.No.25418 of 2009 was filed by Sri Kondal Reddy seeking a writ of Mandamus declaring the action of the Principal District and Sessions Judge and the District Collector in not forwarding his name to the Government for being appointed as Government Pleader. Learned Single Judge by order dated 25.2.2010 closed two writ petitions observing that the process for appointment of regular incumbent is at advanced stage. W.P.No.25418 of 2009 was disposed of by separate order giving liberty to contesting respondent to ventilate his grievance before the State Government in the matter of appointment as Government Pleader.
When these matters were called on 21.6.2010, having regard to the undisputed fact that the District Collector in consultation with District Judge has already forwarded the names of Advocates for being appointed as regular Government Pleader, we issued notice to the learned Advocate General. He appeared and sought time to get instructions. Today learned Advocate General submits that the process is at fast track and the Government shall appoint regular Government Pleader within a period of ten days. In view of the statement made by learned Advocate General, we do not feel compelled to adjudicate the issue raised in these appeals. We leave the question rest upon to be decided in appropriate case.
The writ appeals shall stand disposed of, observing that the Government shall complete the process and issue orders in the matter of appointment of regular Government Pleader to the Court of Principal District and Sessions Judge, Ranga Reddy District, within a period of ten days. We also request the Advocate General to communicate the order to the Government.
(V.V.S. RAO, J) (VILAS V.AFZULPURKAR, J) June 23, 2010 NOTE:
Dispatch order copy in two days. (By order) YS