THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION NO : 12812 of 2010 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed by the department challenging the order of the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 10635 of 2009, dated 5.10.2009. The respondents 1and 2, who are the retired employees filed the aforesaid O.A. before the Tribunal seeking to declare the action of the petitioners in rejecting their claim for stepping up of pay on par with their juniors and for refund of the amount recovered from them. According to the applicants, they joined the Treasury Department in the year 1972. However, when they came to know that their juniors were drawing more pay than them, they made a representation to the petitioners. Thereafter, the second petitioner issued proceedings dated 2.8.1991 and 19.6.1995 stepping up their pay. However, when the pay of one M. Janardhan,who is junior to the applicants was revised and refixed to a lower stage, orders were also issued to the applicants revising their pay and effecting recovery of the amounts already paid. Challenging those proceedings, subsequently, the said Janardhan filed O.A. No. 6853 of 2002 before the Tribunal and the Tribunal disposed of the said O.A. on 18.11.2004 with a direction to the authorities to refund the excess amounts recovered from him along with interest at 9% per annum from the date of recovery till the date of payment. Pursuant to the aforesaid order of the Tribunal, the applicants also made representations to the authorities to restore their pay fixation. Through order dated 31.12.2007 the 2nd petitioner rejected the claim of the applicants as well as the claim of some other persons. Challenging the said order, some persons filed O.A. No.2325 of 2008 before the Tribunal and through order dated 1.4.2008, the Tribunal while following the judgment rendered by it in O.A. No. 6853 of 2002, dated 18.11.2004 disposed of the said O.A. in terms of the judgment in O.A. No. 6853 of 2002. Applicants pleaded that as they are also similarly situated, they are also entitled for the said relief. Hence, they filed O.A. No. 10635 of2009 before the Tribunal and the Tribunal through the impugned order, disposed of the aforesaid O.A. through the impugned order, while following the judgment rendered by it in O.A. No. 6853 of 2002, dated 18.11.2004. Hence, the present writ petition. Learned Government Pleader for Services-II has contended that the Tribunal disposed of the O.A. at the admission stage itself without giving any opportunity to the petitioners to file their counter affidavit. Hence, he prayed that the writ petition be allowed and the matter may be remanded to the Tribunal. Perused the impugned order of the Tribunal. Admittedly, the Tribunal disposed of O.A. No. 10635 of 2009 at the admission stage without giving an opportunity to the petitioners to file a counter affidavit or to verify whether the relief sought by the applicants in the present O.A.is similar to the one prayed in O.A. No. 6853 of 2002. In the circumstances, we feel it appropriate to allow the writ petition and remand the matter back to the Tribunal for fresh disposal. Accordingly, the writ petition is allowed and the impugned order is set aside. The matter is now remanded back to the Tribunal for passing appropriate orders afresh. The Tribunal shall dispose of O.A. No. 10635 of 2009, as expeditiously as possible, preferably, within a period of six weeks from today, after giving opportunity of hearing to the petitioners. No costs. No costs. ___________________________ Justice Ghulam Mohammed ___________________________ Justice B. Chandra Kumar Date: 1.11. 2010 Pnb