IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23807 of 2003 Between: 1 M. Veera Reddy, S/o. Narasimha Reddy, Hindu, Deputy Executive Engineer, Tribal Welfare, Sub-Division, Suddimalla, Khammam District. 2 T. Venkateswara Rao, S/o. Ramaiah, Hindu, Deputy Executive Engineer, Tribal Welfare, Bhadrachalam, Khammam District. 3 S.S.V.V.S.S.V. Prasad, S/o. G. Brahmaiah, Hindu, Deputy Executive Engineer, Tribal Welfare, Parvathipuram, Vizianagaram District. 4 P. Mallikarjun, S/o. Venkataiah, Hindu, Deputy Executive Engineer, Tribal Welfare, Utnoor, Adilabad District. ..... PETITIONERS AND 1 The state of Andhra Pradesh, rep. by its Principal Secretary to Government, Social Welfare Department, Secretariat, Hyderabad. 2 The Chief Engineer, Govt. of A.P., Tribal Welfare Engineering, Telugu Samkshema Bhavan, Masab Tank, Hyderabad. 3 The State of A.P., rep. by its Secretary to Govt., Panchayat Raj & Rural Development Department, Secretariat, Hyderabad - 500 022. 4 Sri Ch. Purushotham, S/o. Kistaiah, Deputy Executive Engineer, O/o. Superintending Engineer, Tribal Welfare, Warangal. 5 Sri K. Chandrasekhar Rao, Assistant Executive Engineer, Tribal Welfare, Seethampeta, Srikakulam District. 6 Sri T. Venkata Sivaji, Assistant Executive Engineer, Tribal Welfare, Peddamadi, Srikakulam District. 7 Sri G. Sudhakar Rao, S/o. Narasaiah, Deputy Executive Engineer, Tribal Welfare, Sub-Division, Palvancha, Khammam 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 an order or direction more particularly in the nature of Writ of Mandamus, declaring the orders passed in O.A.No. 481 of 1998 and batch, dated 19.8.2003 on the ﬁle of the Hon'ble A.P. Administrative Tribunal, Hyderabad as illegal, arbitrary, contrary to principles of natural justice and unconstitutional and thereby the same is void abinitio, null and void and nonest in the eye of law, by holding that the petitioners herein are seniors to the unoﬃcial respondents herein in the category of Assistant Executive Engineers and Deputy Executive Engineers and thereby entitled for their promotion as Executive Engineers in Tribal Welfare Engineering Department prior to the unoﬃcial respondents and pass such other and further order or orders as the Court deem ﬁt and proper. Counsel for the Petitioners: MR.T.SURYA KARAN REDDY Counsel for the Respondents : GP FOR SOCIAL WELFARE The Court made the following : ORDER :: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.23807 of 2003 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is ﬁled against the order dated 19- 8-2003 passed in OA No.481 of 1998 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The case of the petitioners is that they were appointed as Assistant Executive Engineers (AEEs), in pursuance of the orders passed by the 1st respondent in GO Ms.No.151, Social Welfare Department, dated 16- 10-1984, by the 2nd respondent-Chief Engineer, Government of AP, Tribal Welfare Engineering, Hyderabad, by drawing them from employment exchange and they are continuing in service as such. It is stated that the State Government, as a policy decision, issued GO Ms.No.81, General Administration Department, dated 13-2-1986 wherein all the temporary appointments made between 6-3-1982 and 1- 1-1986 and who are continued in service were directed to be regularized without subjecting them to any test etc. provided they were temporarily recruited with the authorization of the Government and drawn from the employment exchange and a process of selection was followed. It is stated that as the petitioners satisﬁed the eligibility criterion issued in GO Ms.No.81, dated 13-2- 1986, the 2nd respondent regularized their services in the category of AEEs vide proceedings No.B1/2900/94, dated 6- 6-1994 and placed them on probation and their probation was also declared in the said cadre by proceedings No.B1/2900/1994, dated 10-10-1994. It is further stated that thereafter, the petitioners were further promoted as Dy. Executive Engineers by drawing appropriate panels i.e. by placing the matter before the Screening Committee. It is stated that the un-oﬃcial respondents herein were directly recruited as AEEs in Panchayat Raj Department and consequent upon their selection through APPSC, they were allotted to several zones. It is stated that the un-oﬃcial respondents who ﬁled the above OA, commenced their probation and their probation was declared as AEEs in Panchayat Raj Department, but they are working in Tribal Welfare Engineering Department, on deputation basis, while maintaining their lien in Panchayat Raj Department. It is also stated that the un-oﬃcial respondents were promoted as Dy. Executive Engineers in Panchayat Raj Department and placed on deputation as Dy. Executive Engineers in Tribunal Welfare Engineering Department and they are either absorbed or transferred on permanent basis to the Tribal Welfare Engineering Department. 3. The above OA was ﬁled by the un-oﬃcial respondents seeking direction to the oﬃcial respondents herein to absorb them into Tribal Welfare Engineering Service. By the impugned order, the said OA was allowed, the operative portion of the order reads thus: “21. In view of this, the respondents are directed to regularize the services of the applicants from the dates of their initial appointment and joining in the Tribal Welfare Department as was done in respect of candidates who were recruited directly by the department, and who participated in the Service Commission but could not get through and whose services were regularized with reference to GO Ms.No.81, dated 13-2-1986, and issue orders within a period of one month from the date of receipt of a copy of this order. Thereafter, within a further period of 2 months, the respondents are directed to eﬀect promotions to the applicants as Deputy Executive Engineers in the vacancies available strictly in accordance with the seniority, eligibility and qualiﬁcations and also take further consequential action to ﬁx up seniority in the cadre of AEEs but, however, place the applicants above the temporary candidates of Tribal Welfare Department, whose services were regularized by GO Ms.No.81, dated 13-2-1986 as the applicants happen to be candidates selected through APPSC while others are not. Such orders shall be issued by the Government within a period of one month from the date of receipt of a copy of this order.” 4. Heard the learned counsel for the petitioners, learned counsel for the un-oﬃcial respondents and learned Govt. Pleader for Social Welfare. 5. Admittedly, the petitioners who are aﬀected parties were not impleaded before the Tribunal as party respondents. By virtue of the impugned order, the un-oﬃcial respondents were directed to be regularized as AEEs from the date of their initial appointment in Tribal Welfare Engineering Department and consequently entitled for promotion as Dy. Executive Engineers, by placing them in seniority as AEEs above the candidates (petitioners), regularized as per GO Ms.No.81, dated 13-2-1986. When once the un-oﬃcial respondents were directed to be absorbed in the service of Tribal Welfare Engineering Department from Panchayat Raj Department and take consequential action, the principles of natural justice require that the affected parties be heard in the matter. 6. In this view of the matter, we are of the view that the matter requires re-consideration after hearing the parties. Therefore, the impugned order is set aside and the matter is remanded to the ﬁle of the Tribunal for consideration afresh after hearing the parties and pass appropriate orders thereon expeditiously, in accordance with law. 7. In the result, the writ petition is allowed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 6th September, 2008 Nrg.