TMI Blog2017 (3) TMI 1691X X X X Extracts X X X X X X X X Extracts X X X X ..... 04.1994 was dealt with on merits and rejected by the Tribunal - Held that:- The manner in which the Commercial Tax Authorities and more particularly, the Commissioner, Commercial Taxes, State of Andhra Pradesh, dealt with the petitioner’s case pursuant to the order dated 19.06.2012 passed by the Tribunal in O.A.No.12567 of 2009 leaves this Court with no option but to set aside the proceedings date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to give effect to G.O.Ms.No.10 dated 04.02.1991 by converting, absorbing and regularising the petitioner s services in an equivalent category post with all consequential benefits. It is an admitted fact that the petitioner earlier filed O.A.No.12567 of 2009 before the Tribunal which was disposed of by order dated 19.06.2012. Perusal of the said order reflects that the Tribunal considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 04.02.1991 and the Circular Memo dated 06.05.1994 and pass appropriate orders. It is pursuant to the aforestated order that the Commissioner, Commercial Taxes, State of Andhra Pradesh, issued the proceedings dated 30.10.2012. Perusal of these proceedings demonstrates that the Commissioner once again cited G.O.Ms.No.212 dated 22.04.1994 as a factor weighing against the petitioner. This clearly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor does not exist in the Department and at the same time, justify the regularisation of the services of one Smt. H. Aruna Kumari and Sri P. Vishnu Kumar, Data Entry Operators, under the provisions of G.O.Ms.No.212 dated 22.04.1994, in the equivalent posts of Junior Assistant/Typist. As the said G.O specifically requires existence of clear vacancies in the post concerned, the stand of the Commerci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also set aside. The fresh exercise by the Commissioner, Commercial Taxes, State of Andhra Pradesh, shall be completed expeditiously and, in any event, not later than four weeks from the date of receipt of a copy of this order. The Writ Petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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