IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No.23523 of 2002 Between: 1. Government of Andhra Pradesh, represented by its Secretary, G.A.D., Secretariat, Hyderabad. 2. The State Transport Commissioner, Hyderabad. ..... PETITIONERS AND 1. S. Krishna Dev, Unemployee, R/o 1-97, Jeedimetla, Hyderabad. 2. N. Veeraiah, Unemployee, R/o 5-106/38, S.C. Nagar, Moosapet. 3. The A.P.P.S.C., represented by its Secretary, Nampally, Hyderabad. .....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 a Writ, Order or Directions more particularly one in the nature of Writ of Certiorari calling for the records relating to the Judgment passed in Rev.M.A.No.914/2001 in O.A.No.3163 of 1998, dated 17-7-2001 of the A.P. Administrative Tribunal, Hyderabad and quash the same as being erroneous and illegal. Counsel for the Petitioner: GP FOR SERVICES II Counsel for the Respondent No.: MR.T.SURYA KARAN REDDY The Court made the following: ORDER: (Per. Hon’ble Sri Justice Ghulam Mohammed) By virtue of the orders passed in Civil Appeal Nos.5102- 5107, 5108, 5109 and 5110-5111 of 2005 remanding the present matter to this court for fresh consideration, the present writ petition is taken up for fresh consideration. This writ petition has been filed by the State of Andhra Pradesh and the State Transport Commissioner seeking to quash the order dated 17-7-2001 passed by the Andhra Pradesh Administrative Tribunal (for short ‘the Tribunal’) in Rev.M.A.No.914 of 2001 in O.A.No.3163 of 1998 setting aside the earlier order dated 7-12-1999 in O.A.No.3163 of 1998. The respondents 1 and 2 herein are the applicants and the writ petitioners herein are the respondents before the Tribunal and the status of the parties will be referred to as arrayed before the Tribunal. The sum and substance of the case is that pursuant to the Notification No.3/92 issued on 21-4-1992 in Daily News Paper by the State Public Service Commission for the post of Assistant Motor Vehicles Inspector (for short “AMVIs”), the applicants applied for the said posts and appeared for the written test conducted on 23-8-1992 as well as oral interview, but they were not selected for the same. Aggrieved by the said action, they filed original applications before the Tribunal and the Tribunal initially dismissed the O.As on 7-12-1999. Thereafter, the applicants filed Rev M.A.No.914 of 2001 seeking to review the order dated 7-12-1999 and the Tribunal, after considering the material on record in the review application, passed the order dated 17-7-2001 setting aside the earlier order dated 7-12-1999 and directing the respondents therein to appoint the applicants as AMVIs in the existing vacancies within a period of one month from the date of receipt of the said order. Challenging the said order, the present writ petition has been filed by the authorities. On the earlier occasion i.e., prior to preferring the civil appeals before the Apex Court, this Court disposed of the present writ petition on 13.1.2003 modifying the order passed in Rev.M.A.No.914 of 2001 in O.A.No.3163 of 1998, against which, the Public Service Commission filed Civil Appeal No.5108 of 2005 before the Apex Court and the Apex Court disposed of the said appeal along with similar appeals remanding the matters to this Court for fresh consideration. At this stage of the proceedings, it is to be noted even prior to the present writ petition, this Court by the order dated 6-2-2008 allowed the similar writ petitions filed by the State Public Service Commission setting aside the review orders dated 10-7-2001 and consequently, dismissed the writ petitions filed by the applicants therein observing that the learned Single Member of the Tribunal could not have entertained the review applications and passed the orders, especially when O.As were disposed of by a Division Bench of the Tribunal. It is brought to notice of this Court that the present writ petition is identical one to that of the writ petitions filed by the State Public Service Commission and the State Transport Commissioner, which were allowed by a Division Bench of this Court by the order dated 6-2-2008 in W.P.Nos.18370 of 2001 and batch. Recording the above submission coupled with the facts and circumstances of the case, we feel that the issue involved in the present writ petition is squarely covered by the judgment passed in W.P.No.18370, 25179, 25188 and 25287 of 2001. Accordingly, the present writ petition is allowed in terms of the judgment of this Court passed in W.P.No.18370, 25179, 25188 and 25287 of 2001. _____________________ GHULAM MOHAMMED, J _____________________ G. BHAVANI PRASAD, J Date: 16-10-2008 Ksn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ }