IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH 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.5255 of 2000 Between: S.A.Sahriff S/o.S.U.Shariff H.No.54-11-48, Plot No.4 Gazetted Officers Colony, Visakhapatnam ..... PETITIONER AND 1 The State of Andhra Pradesh rep.by its Principal Secretary to Government Transport, Roads and Buildings Department, Secretariat Buildings, Hyderabad 2 The Engineer in Chief, Roads and Buildings Department, Government of Andhra Pradesh Hyderabad 3 The Registrar Andhra Pradesh Administrative Tribunal Purani Haveli, 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 may be pleased to issue a writ of certiorari calling for the records relating to and connected with the orders in OA.No.7037/96 Dt.15/11/99 on the file of the Hon'ble A.P.Adminstrative Tribunal and quash the Judgment Dt.15/11/1999 in OA.No.7037/96 by holding it is arbitrary, discriminatory, violative of Art.14, 21 and 300-D and contrary to rules and facts and consequently direct the respondents No.1 and 2 to forthwith fix the pay of the petitioner at Rs.7860/- in the cadre of Executive Engineer w.e.f. 24/6/93 with arrears and pass such other order. Counsel for the Petitioner :MR.M.KESAVA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.5255 of 2000 ORDER: (per the Hon’ble Sri Justice P.Swaroop Reddy) This writ petition is filed by the petitioner challenging the order, dated 15-11-1999 passed by the A.P.Administrative Tribunal, Hyderabad (for short “the Tribunal”), in O.A.No.7037 of 1996. The petitioner herein filed O.A.No.7037 of 1996 before the Tribunal seeking to declare the action of the respondents in not steeping his pay at Rs.7,860/- on par with his juniors in the cadre of Executive Engineer as illegal and arbitrary. The Tribunal by order, dated 15-11-1999, disposed of the said O.A. directing the petitioner herein to approach the respondents as and when the dispute regarding seniority is settled, while observing as follows:- “Since the seniority list on which the learned counsel for the applicant has relied upon is only a provisional seniority list and since the respondents have taken a stand to consider the case of the applicant for stepping up of his pay on par with his junior only after the out-come of the seniority litigation pending in the Supreme Court, we are of the considered view that no direction can be issued to step up the pay of the applicant, who is a retired officer on par with his junior till the dispute is settled. Therefore, we are not inclined to give any relief prayed for by the applicant.” Learned counsel appearing for the petitioner submits that the dispute which was pending before the Supreme Court is different and distinct from that of the subject matter of the writ petition and therefore, the Tribunal erroneously rejected the relief claimed by the petitioner. Learned Government Pleader appearing for the respondents submits that the dispute pending before the Supreme Court was settled and therefore, the petitioner may make a fresh representation before the respondents and the same would be considered as per the existing rules. Considering the above circumstances, the writ petition is disposed of permitting the petitioner to make a fresh representation before the respondents within two weeks from the date of receipt of a copy of this order. On such representation being made, the respondents shall consider and dispose of the same within eight weeks thereafter. In case, the petitioner is aggrieved by the order to be passed by the respondents, on his representation, he would be at liberty to challenge the same again. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-06-2009 Prv