IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION Nos.4012 and 4020 of 2008 WRIT PETITION No.4012 of 2008 Between: A.Srinivasa Murthy S/o.A.V.G.V.Subba Rao Railway Junior College, South Central Railway, Vijayawada. ..... PETITIONER AND 1 The Manager and Correspsondent, Sr. Divisional Personal Officer, South Central Railway, Vijayawada. 2 The Principal, Railway Junior College, South Central Railway, Vijayawada. 3 The Chief Personnel Officer, South Central Railway, Rail Nilayam, Secunderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue appropriate writ order or direction particularly in the nature of Writ of Certiorari calling for records pertaining to the impugned order dated 11.12.2007 in O.A.No.789 of 2006 passed by the Hon'ble Central Administrative Tribunal, Hyderabad and letter No. B/P.594/XI/RJC/PT/Vol.II, dated 25.2.2004 of the Senior Divisional Personnel Officer, South Central Railway, Vijayawada contemplating the termination of the petitioner with effect from 6.3.2005 and quash the same by declaring them as arbitrary, illegal, violative Article of Article 14, 16 and 21 of the Constitution and consequently direct the respondents herein to regularize his services as Junior Lecturer in Hindi w.e.f. 20.7.93 in the existing clear vacancy in the sanctioned post with all consequential benefits such as regulation of pay from time to time in the time scale attached to the post of Junior Lecturer by sanction of increment, arrears of salary and allowances as due and also other attendant benefits in the interest of justice with costs. Counsel for the Petitioner:MR.G.V.SUBBA RAO Counsel for the Respondent No.: MR.R.S.MURTHY (ADD.CGSC) WRIT PETITION No.4012 of 2008 Between: M.L.Bhargavi D/o.Prabhakara Sastry Railway Junior college, South Central Railway Vijayawada ..... PETITIONER AND 1 The Manager and Correspondent Sr, Divisional Personal Officer, South Central Railway, Vijayawada 2 The Principal, Railway Junior college south Central Railway, Vijayawada 3 The Chief Personnel Officer, South Central Railway Rail Nilayam, Secunderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue appropriate writ order or direction particularly in the nature of writ of certiorari calling for records pertaining to the impugned order dated 11.12.2007 in OA.No.790 of 2006 passed by the Hon`ble Central Administrative Tribunal, Hyderabad and letter No.B/P.594/XI/RJC/PT/Vol.II dated 26.2.2004 of the Senior Divisional Personnel officer, South central Railway, Vijayawada contemplating the termination of the petitioner with effect from 6.3.2005 and quash the same by declaring them as arbitrary, illegal violative Article 14,16 and 21 of the Constitution and consequently direct the respondents herein to regularize her service as Junior lecturer in Hindi w.e.f 20.7.93 in the existing clear vacancy in the sanctioned post with all consequential benefits such as regulation of pay from time to time in the time scale attached to the post of Junior Lecturer by sanction of increment arrears of salary and allowances as due and also other attendant benefits in the interest of justice with costs Counsel for the Petitioner:MR.G.V.SUBBA RAO Counsel for the Respondent No.: MR.R.S.MURTHY The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION Nos.4012 and 4020 of 2008 ORAL COMMON ORDER: (per the Hon’ble Sri Justice K.C.Bhanu,J) These writ petitions are filed challenging the common order dated 11.12.2007 passed by the Central Administrative Tribunal, Hyderabad, in O.A.Nos.789 and 790 of 2006, whereunder and whereby, the Tribunal dismissed the above Original Appeals. Heard the counsel for both the parties. The learned counsel for the petitioners contended that the counsel appearing for the petitioners before the Tribunal was held up in other court and therefore, he could not represent the petitioners when the matters were called. However, Tribunal passed the impugned order without hearing the petitioners and thereby, violated principles of natural justice. Therefore, he requests that an opportunity may be given to petitioners to contest the above O.As. A perusal of the impugned order shows that the Tribunal noted that the learned counsel for the petitioners took adjournments on several occasions and on the date of passing the impugned order, none appeared for the petitioners in spite of revised calls. One of the principles of natural justice is that no man should be deprived of being heard, even if there are any laches on his part. Therefore, we are of the opinion that one more opportunity should be given to the petitioners to contest the above O.As. Accordingly, the writ petition is allowed setting aside the common order dated 11.12.2007 passed by the Central Administrative Tribunal, Hyderabad, in O.A.Nos.789 and 790 of 2006. It is made clear that on the date so fixed by the Tribunal, the learned counsel for the petitioners shall be present and shall proceed with the case, enabling the Tribunal to decide the matters in accordance with law on merits. It is further made clear that the Tribunal shall dispose of the above matters uninfluenced by the observations made in the impugned order. There shall be no order as to costs. ______________ (D.S.R.VARMA, J) _____________ (K.C.BHANU, J) 28th February 2008. Sh