IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE MR. JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR. JUSTICE K.G. SHANKAR WRIT PETITON No. 18162 OF 2011 Between: V. Subba Rao & 22-Ors. … Petitioners V/s. The Commissioner, Chilakaluripet Municipality, Chilakaluripet, Guntur District & 2-Ors. … Respondents Counsel for the Petitioners : M/s. A.V. Sesha Sai Counsel for the Respondents : Sri S.Nageswar Reddy The court made the following: (order follows next page) THE HON’BLE MR. JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR. JUSTICE K.G. SHANKAR WRIT PETITON No. 18162 OF 2011 O R D E R : { Per the Hon’ble Mr.Justice Ghulam Mohammed) This writ petition is filed by the petitioners seeking a writ of certiorari, calling for the records pertaining to the order dated 19-06- 2009 passed in M.A.No. 836 of 207 in OA.No. 7784 of 2003 and the order dated 11-06-2008 passed in MA.No. 2960 of 2007 in OA.No. 7626 of 2005, M.A.No. 3355 of 2007 in O.A.No. 654 of 2003 and EA.No. 1 of 2007 in OA.No.6133 of 2002 by the A.P. Administrative Tribunal, Hyderabad and consequently to allow MA.No. 836 of 20078 in OA.No. 7784 of 2003 and to pass such other suitable order as this Court may deem fit and proper in the circumstances of the case. 2. The case of the petitioners is that they filed OA.No.784 of 2003 before the A.P. Administrative Tribunal, seeking to declare the action of the respondents in not granting B.Ed., scale and arrears of pay as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to grant B.Ed., scales and other arrears of pay from the date of their initial appointments as Secondary Grade Assistants. 3. It is stated that the A.P. Administrative Tribunal, by virtue of an order dated 28-1-2003 disposed of O.A.No.7784 of 2003 and the operative portion of the said order is reproduced as hereunder: “Having regard to the facts and circumstances, there shall be a similar direction as granted in WP.No. 21704 of 1999 dated 11-01-2000. Further the representations made by the applicants may be considered and disposed of as per the directions given by the High Court in WP.No. 21704 of 1999 dated 11-01-2000 ”. 4. It is stated that the petitioners submitted a representation dated 15-10-2003 to the respondents for the said relief. Thereafter, the petitioners submitted another representation on 09-12-2003 to the first respondent to take action as per the orders passed by the Tribunal in OA.No.7784 of 2003. By virtue of letter dated 17-12-2003 in ROC.No. 3563/2003/C2, the first respondent requested the second respondent to take action. But no positive action was taken giving effect to the orders dated 28-11-2003 passed by the A.P. Administrative Tribunal in OA.No. 784 of 2003. 5. While things stood thus, the petitioners filed MA.No. 836 of 2003 in OA.No.7784 of 2003 before the AP Administrative Tribunal seeking a direction to the respondent to implement the orders dated 28- 11-2003 passed in OA.No. 7784 of 2003. By virtue of an order dated 19- 06-2003 passed in M.A.No. 836 of 2007 in OA.No. 7784 of 2003, the AP Administrative Tribunal observed as hereunder: “In view of the full Bench judgment of this Tribunal in MA.No. 2960 of 2007 in OA.No.7626 of 2005 and batch, dated 11-6-2008, these M.A.s cannot be maintained. Hence, the M.A.s are dismissed as not maintainable”. 6. Assailing the orders dated 19-6-2009 passed in MA.No. 836 of 2007 in OA.No. 7784 of 2003 and the order dated 11-6-2008 passed in M.A.No. 2960 of 2007 in OA.No. 7626 of 2005, M.A.No. 3355 of 2007 in OA.No.654 of 2003 and EA.No. 1 of 2007 in OA.No. 6133, the petitioners filed the present writ petition on the ground that the AP Administrative Tribunal erred in holding that the Miscellaneous Application filed by the petitioners for implementation of the orders passed by the Tribunal earlier is not maintainable and that by virtue of the impugned order, section 27 of the Administrative Tribunals Act would become redundant and that the Tribunal ought to have seen that Rule 26 of the AP Administrative Tribunal (Procedure) Rules, 1989 contemplates that the Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice. 7. When the matter came up for ‘admission’, the learned counsel representing the petitioners submitted that in similar circumstances, the Division Bench of this Court passed an order dated 06-10-2010 in WP.No. 22671 of 2010, which reads as hereunder : “The main grievance of the petitioners is that the orders of the Tribunal in OA.No. 7785 of 2003 have not been implemented so far extending the benefit of B.Ed., scales to them from the date of their initial appointment as Secondary Grade Assistants and in view of the dismissal of the above M.A., though the petitioners are entitled to the benefit, they remained remediless. On instructions, the learned counsel for the petitioners submitted that the order in the above O.A. has become final and the municipality is bound to implement the same. In view of the above facts and circumstances of the case, it would suffice, if leave is granted to the petitioners to approach the Tribunal for the relief that was sought for in the above M.A., by way of filing a separate O.A. Accordingly, the writ petition is disposed of granting leave to the petitioners to approach the Tribunal for the relief that was sought for in the above M.A., by way of filing a separate O.A. No order as to costs ”. 8. Heard the learned counsel for the petitioners as well as the learned standing counsel for the respondents. 9. Having regard to the facts and circumstances of the case, we are in agreement with the order passed by the Division Bench of this Court in WP.No. 22671 of 2010 dated 06-10-2010. 10. Following the order dated 06-10-2010 passed in WP.No. 22671 of 2010 by the Division Bench of this Court, this writ petition is disposed of granting leave to the petitioners to approach the Tribunal for the relief that was sought for in the above Miscellaneous Applications by way of filing a separate O.A. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED _______________________ JUSTICE K.G. SHANKAR 01-07-2011 I s L THE HONOURABLE MR.JUSTICE GHULAM MOHAMMED AND THE HONOURABLE MR. JUSTICE K.G. SHANKAR WRIT PETITION No. 18162 OF 2011 ORDER : Per the Hon’ble Mr.Justice Ghulam Mohammed Circulation No. Date: 01-07-2011 Court Master: I s L Computer No. 43