IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU W.P.Nos.11837 & 11838 of 2008 W.P.No.11837 of 2008 Between: 1 The Government of A.P. rep. by its Secretary, Finance Department, Secretariat, Hyderabad. 2 The District Treasury Officer, Vizianagaram District. 3 The Sub-Treasury, Kurupam, Vizianagaram District. PETITIONER(S) AND 1 P. Prasad, Tikkabai, Vizianagaram District. 2 The Project Officer, I.T.D.A., Parvathipuram, Vizianagaram District. 3 The District Tribal Welfare Officer, Parvathipuram, Vizianagaram District. ( RRs. 2 and 3 are formal Parties as no relief is sought against them ). .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 an Writ order or direction more particularly one in the nature of " Writ of Certiorari " calling for the reocrds relating to the orders of the Hon'ble A.P.admn. tribunal, Hyderabad passed in O.A.No. 5461/2006 dated 14.11.2007 as being erroneous, illegal, and unreasonable and quash the same and pass W.P.No. 11838 of 2008 Between: 1 The Government of A.P., rep by its Secretary, Finance Department, Secretariat, Hyderabad. 2 The District Treasury Officer, Vizianagaram District. 3 The Sub-Treasury, Kurupam, Vizianagaram District PETITIONER(S) AND 1 Palli Mallesu O/o Tribal Welfare Girls High School Regadi, Vizianagaram District. 2 The Project Officer, ITDA., Parvathipuram, Vizianagaram district. 3 The District Tribal Welfare Officer, Paravathipuram, Vizianagram 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 a Writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in OA. No. 5462/2006 dated 14-11-2007 as being erroneous, illegal and unreasonable and quash the same and pass such other order or orders. Counsel for the Petitioners :GP FOR SERVICES II The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.Nos.11837 & 11838 of 2008 COMMON ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Both these writ petitions are filed challenging the common order passed in O.A.Nos.5461 and 5462 of 2006 dated 14.11.2007 on the file of A.P. Administrative Tribunal, Hyderabad. The details relevant and necessary for deciding the writ petitions are that respondents – applicants in both the OAs were appointed on compassionate grounds. While so, in pursuance of the representation made by the applicants, the District Tribal Welfare Officer, Parvathipuram, Vizianagaram district issued proceedings dated 28.3.2005 converting the posts held by the applicants to that of the Attenders (Last Grade Service) in the time scale of Rs.1375-25-1475- 30-1625-40-1825-50-2075-60-2375 with effect from 6.12.1996 and 7.12.1996 respectively. Bills were submitted by the respective Headmasters of the Tribal Welfare High Schools where the applicants were working for drawing the arrears of pay. Thereupon, the Sub- Treasury Officer, Kurupam, raised objections and returned the bills. The bills were re-submitted complying with the objections. Even then, the bills were not passed. Hence, applicants filed O.As before the A.P. Administrative Tribunal, Hyderabad. The Tribunal, while admitting both the O.As on 25.8.2006, granted interim relief directing the official respondents to pay salaries due to the applicants from the month of April 2006 as per the proceedings of the District Tribal Welfare Officer, Vizianagaram. The official respondents filed Vacate Stay Petitions before the Tribunal seeking to vacate the said order. The Tribunal, vide impugned order disposed of both the O.As. along with Vacate Stay Applications declaring that the applicants are not entitled for monetary benefits from 6.6.1996 and 7.6.1996 respectively till 28.3.2005. However, they are only entitled to monetary benefits applicable to Last Grade Service from 28.3.2005. Questioning the said order, the present writ petitions are filed. The learned Government Pleader appearing for petitioners submitted that under Section 5 of Act No.2 of 1994, the Sub-Treasury Officer concerned cannot pass the salary bill unless it is certified that the appointment is made in accordance with Section 4 of the Act. In the instant case, admittedly the respondents - applicants have been appointed on compassionate grounds. It appears, there was mistake on the part of the competent authority, which was rectified vide proceedings dated 28-3-2005, thereby converting the contingent posts held by the applicants to that of the Attenders. It is also seen from the record that the applicants made representations in the year 2005 though they were appointed in the year 1996. The Tribunal after considering the rival contentions, has rightly held that the applicants are entitled to be notionally appointed in the Last Grade Service from the original dates of their appointment. In fact, the Tribunal had granted the monetary benefits from 28-03-2005 being the date of proceedings issued by the District Tribal Welfare Officer converting and appointing them in the Last Grade Service. Under the above circumstances, we do not find any infirmity in the impugned order passed by the Tribunal. The writ petitions are devoid of merits and liable to be dismissed. Accordingly, both the writ petitions are dismissed. However, the writ petitioners are granted four weeks time for payment of arrears of salary to the respondents-applicants from the date of receipt of this order. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 10.6.2008 DA THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.Nos.11837 & 11838 of 2008 (Order of the Bench delivered by Hon’ble Sri Justice Ghulam Mohammed) 10.6.2008