HYDERABAD: The legal battle between Avinash Mohanty, son of retired DGP AK Mohanty, and another IPS officer CM Thrivikrama Varma has finally come to an end.
At the end of a five-year legal battle after the Ministry of Home Affairs (MHA) allegedly goofed up cadre allotments, Avinash Mohanty, presently in the Chhattisgarh cadre, is likely to be shifted to the Andhra Pradesh cadre.
The Supreme Court recently upheld the AP High Court order quashing the cadre appointment of Varma, currenly the SP of East Godavari district, by virtue of his being in AP cadre. The court directed the Centre to reconsider Avinash's appointment to the AP cadre. Avinash is now SP of Dhamtari in Chhattisgarh. Avinash and Varma, 2004 batch IPS officers, secured 45 and 201 ranks respectively. However, the former was given Chhattisgarh cadre and the latter AP cadre.
Avinash moved the CAT and the AP High Court which quashed Varma's appointment to the AP cadre and directed the Centre that the officers be posted as per norms. Varma appealed to the Supreme Court which upheld the AP High Court order.
Avinash Mohanty had secured a higher rank than Varma and both are 'insiders'. As per rules, allocation of 'insiders' will be strictly according to ranks, subject to their willingness to be allocated to their home states, the Supreme Court said.
Hence, Avinash was required to be considered for allocation to the AP cadre if he was willing before Varma could have been considered. If, however, the vacancy was for an insider OBC candidate as per the roster, Varma would have preference over Avinash Mohanty. But the HC has come to the finding that the number of vacancies in the roster filled up by OBC candidates had exceeded the 27 p.c reservation and hence there could not be an insider OBC vacancy in which Varma could have been allocated.