IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :6264 of 2008 Between: 1 The Superintending Engineer, Potal Civil Circle, SION, 3rd Floor, Post Office Building, Mumbai. 2 The Executive Engineer, Postal Civil Division, 3rd Floor, Endowment Buildings, Tilak Road, Abids, Hyderabad 3 The Senior Accounts Officer, Postal Civil Division, Hyderabad-1. 4 Union of India, Rep. by its Secretary to the Ministry of Communications, Department of Posts & D.G. Posts, Dak Bhavan, New Delhi. ..... PETITIONERS AND 1H. Kishan Singh, S/o. H. Papa Lal, O/o. Assistant Engineer, Postal Civil Sub Division, Hyderabad-1, R/o. H.No. 13/6/372/1, Ramsingh Pura, Karwan, Hyderabad - 67. 2C. Sujatha, D/o. C. Narayana, Postal Civil Sub-Division, Hyderabad-1, R/o. H.No. 2-3-76/14/1, Golnaka, Amberpet, Hyderabad-13. 3P. Yadaiah, S/o. Chandraiah, O/o. Postal Sub Division, Hyderabad R/o. H.No. 8-2-430, Road No.4, Gandhipura Basthi, Banjara Hills, Hyderabad. 4I. Niranjan, S/o. I.V.R.K. Murthy, O/o. AE, Postal Civil Sub Division, Hyderabad, R/o. H.No. 4-22/8, Vikasnagar Colony, Bandlaguda, Jagir (Kismatpur Post), Rajendranagar Mandal, R.R. District, Hyderabad -30. 5S. Papa lal, S/o. Inder Singh, O/o. AE, Postal Civil Sub Division, Hyderabad, R/o. H.No. 14-9- 1138/100, Jinsi Chowrah, Begum Bazar, Hyderabad. 6Syed Zakeer, S/o. Syed Mohinuddin, O/o. AE, Postal Civil Sub Division, Hyderabad, R/o. H.No. M-30, Nandanavanam Colony, Kharmanghat, Ranga Reddy District. 7M. vijaya Kumar Raju, S/o. Krishnam Raju, O/o. AE, Postal Civil Sub Division, Hyderabad, R/o. Plot No. 19, Ganeshnagar, Opp: H.P. Gas Company, Vanasthalipuram, Hyderabad-30. 8K. Kantha Rao, S/o. Venkatabasava Lingam, O/o. AE, Postal Civil Sub Division, Hyderabad, R/o. H.No. S.H-16, Shipyard Colony, Gandhigram, Visakhapatnam. 9T. Basavaiah, S/o. T. Narasimha Rao, C/o. T. Narasimha Rao, Anantavaram Post, Thallur Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or any other appropriate Writ, order or direction calling for records pertaining to order dt. 9-7-2007 in O.A.No. 511 of 2004 on the file of Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same. Counsel for the Petitioner:MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :6264 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order passed by the tribunal in O.A.No:511 of 2004 on 9.7.2007. The petitioners herein are the respondents and the respondents herein are the applicants before the tribunal. Originally, the applicants have filed the O.A. seeking to set aside the office memorandum No:13 (1)/PCDH/04/44, dated 19.3.2004 issued by the 3rd respondent and hold that the applicants are entitled to get their pay fixed on the basis of last pay drawn in the category of group D staff. The tribunal having observed that a different view cannot be taken than the view that has already been taken in O.A.No:1051 of 1998 and the pay of the temporary casual mazdoors on their regularization in group-D have to be fixed on the basis of the last pay drawn by the employees of the casual mazdoors, allowed the O.A. Having aggrieved by the same, the present writ petition is preferred by the respondents in the O.A. Heard the learned counsel and perused the entire material available on record as well as the order impugned. A perusal of the order impugned, clearly goes to show that it has been based on the view already taken by the tribunal in O.A.No:1051 of 1998. It is seen that in a case of this nature, the tribunal has already held that the pay of the temporary casual mazdoors on their regularization in group-D have to be fixed on the basis of the last pay drawn by the employees as casual mazdoors and apart from that, there is also no dispute that the order passed in O.A.No:1051 of 1998 has become final. In the above circumstances, We have no hesitation to hold that the order impugned herein needs no interference by this Court. As such, this W.P is devoid of merits and the same is liable to be dismissed. According, this writ petition is dismissed. No costs. ________________________ Justice T.Meena Kumari ______________________ Justice S.Ashok Kumar Dated:25.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :6264 of 2008 (Division Bench Order delivered by the Honourable Smt. Justice T.Meena Kumari) 25/03/2008