IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11633 of 2006 Between: 1 The Principal Secretary to Government, Health Medical and Family Welfare Department, Hyderabad. 2 The Director of Health, Andhra Pradesh, Hyderabad. 3 The State Health Transport Office, O/o. S.H.T., S.R. Nagar, Hyderabad. ..... PETITIONER(S) AND 1 J. Santhosh Kumar, Motor Vehicle Inspector, At Wyra, Khammam District. 2 S. Narsi Reddy, Motor Vehicle Inspector (Retd)., R/o. 10, Sri Chakra Apartments, Anand Nagar Colony, Khairatabad, 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 to issue a Writ, order or directions more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with OA No. 7209 of 2005 on the file of the A.P. Administrative Tribunal, at Hyderabad dt. 9-11-2005 to set aside the same by holding as erroneous and contrary to law and quash the same by declaring the order as contrary to law, erroneous and illegal and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.W.B.SRINIVAS The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY W.P.No.11633 of 2006 ORDER: (Per Ghulam Mohammed, J) Aggrieved by the order, dated 09.11.2005 in O.A. No.7209 of 2005 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad, this writ petition has been filed. 2. The case of the petitioners is that respondents 1 and 2 originally appointed as Junior Technical Assistants in State Health Transport Organization and later they left the organisation in the year 1983 and joined as Motor Vehicle Inspectors in the State Road Transport Department and that they are now continuing in the said Department. Subsequently, the Government issued G.O.Ms.No.489, Health Medical & Family Welfare (J1) Department, dated 27.10.1998 including the Junior Technical Assistant category in the category of Forman and respondents 1 and 2 based on the said G.O. filed O.A.No.7209 of 2005 seeking extension of basic pay scale of pay attached to the post of Foreman. The Tribunal while relying the orders dated 19.04.2004 passed in similar O.A.No.5195 of 2001 disposed of the O.A. by order dated 19.11.2005 on the same terms. 3. The learned Government Pleader for Services-1 appearing for the petitioners contends that the Tribunal without giving any opportunity of hearing and filing counter affidavit to the petitioners and without adjudicating the issues involved in it, disposed of the O.A. by merely stating that the matter is covered by the orders dated 19.04.2004 passed in similar subject matter i.e. O.A.No.5195 of 2001. He further contended that respondents 1 and 2 are neither covered under G.O.Ms.No.489, Health Medical & Family Welfare (J1) Department, dated 27.10.1998 nor under G.O.Ms.No.390, Health Medical and Family Welfare (C2) Department, dated 8.10.2004 as they left over the State Health Transport Organization in the year 1983 and joined as Motor Vehicle Inspectors in the State Road Transport Department. 4. The learned counsel for respondents 1 and 2 submits that the Tribunal, after taking into consideration the facts and circumstances of the case and on coming to a conclusion that the matter is covered by the order dated 19.04.2004 in O.A.No.5195 of 2001, has rightly disposed of the O.A. and there are no reasons to interfere with the same. 5. A perusal of the record would clearly show that the Tribunal has passed the impugned order on the ground that the subject matter of the O.A. is covered by the order dated 19.04.2004 passed in O.A.No.5195 of 2001, at the stage of admission itself and that too without affording any opportunity of hearing to the respondents therein. In the circumstances, without going into the merits of the matter, we are inclined to remit the matter back to the Tribunal for fresh disposal on its own merits. 6. Hence, the writ petition is allowed and the impugned order dated 9.11.2005 passed in O.A.No.7209 of 2005 is set-aside. The Tribunal is directed to dispose of the O.A. afresh on its own merits after affording reasonable opportunity of hearing to both parties, within a period of two months from the date of receipt of a copy of this order. No order as to costs. __________________ GHULAM MOHAMMED,J _____________________ B.SESHASAYANA REDDY,J 23-04 -2009 Note: The Registry is directed to send a copy of this order to the Registrar, A..P.A.T. through special messenger. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{RLD}