IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10418 of 2009 Between: N.Siva Rama Prasad S/o.Bhadrudu Chittoor District at Chittoor. ..... PETITIONER AND 1 Sri R.Nageshwar Rao West Godavari District at Bheemavaram. 2 The Government of Andhra Pradesh, represented by its Secretary, Transport R & B Department, Secretariat, Hyderabad. 3 The Transport Commissioner, State Transport Authority, Andhra Pradesh, Hyderabad. 4 The Additional Transport Commissioner, Andhra Pradesh, Hyderabad. .....RESPONDENT(S) 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 an appropriate Writ more in the nature of Writ of Certiorari calling for the records pertaining to the orders passed in O.A.No.10926 of 2008 dated 30.12.2008, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as being in illegal and passed in a mechanical manner and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. Counsel for the Petitioner:MR.CH.SAMSON BABU Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) The petitioner is not a party to O.A.No.10926 of 2008 on the file of the Andhra Pradesh Administrative Tribunal filed by the first respondent seeking directions to the respondents to extend similar benefit to him on par with the similarly situated persons with regard to the commencement of probation from the date of joining and restoration of seniority in the category of Assistant Motor Vehicle Inspector in terms of G.O.Ms.Nos.119 and 135, dated 7.5.2008, with all consequential benefits by declaring the action of the respondents in not considering his case in terms of the said G.Os. It is further stated that the first respondent filed representations on 31.7.2007 and 18.12.2008 in terms of the aforesaid G.Os., and the Rules, but the same has not been considered. The Tribunal by order dated 30.12.2008 disposed of the said O.A.No.10926 of 2008 directing the official respondents to consider and dispose of his representations dated 31.7.2007 and 18.12.2008 in terms of the aforesaid G.Os., and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order. Aggrieved by the same, the petitioner filed this writ petition by obtaining leave of this Court to question the said order. It is the case of the petitioner that if the representation of the first respondent is considered and disposed of without considering his objections, there is likelihood of his seniority would be affected and therefore without hearing them it is not just and proper for the Government to consider the representation of the first respondent. We are not inclined to express any opinion whether the seniority of the petitioner and other juniors to the first respondent is going to be affected and it is for the Government to give notice to all the concerned, whose seniority is going to be affected, and hear the affected parties and pass appropriate orders on the representation filed by the first respondent. Accordingly, we dispose of the writ petition directing respondents 2 to 4 to consider and dispose of the representations of the first respondent dated 31.7.2007 and 18.12.2008 in terms of G.O.Ms.Nos.119 and 135, dated 7.5.2008, by giving reasonable opportunity to the petitioner and other persons, whose seniority is likely to be affected on such consideration, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No order as to costs. ________________ V.ESWARAIAH, J. _________________ P.SWAROOP REDDY, J. 8.6.2009 kpr