IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 7441 of 2008 Between: 1 The District Collector Panchayat Wing Nizamabad Nizamabad District. 2 The District Panchayat Officer Nizamabad District Nizamabad 3 The Commissioner for Panchayat Raj and Rural Employement Andhra Pradesh Himayathnagar Hyderabad. ..... PETITIONER(S) AND 1 M.K. Prabhakar O/o District Panchayat Officer Nizamabad. 2 P. Laxma Reddy O/o District Panchayat Officer Nizamabad. 3 K. Krishna Kumar O/o District Panchayat Officer Bodhan 4 S. Ramana Kumar O/o District Panchayat Officer Nizamabad 5 C. Soudaiah O/o Divisional Panchayat Officer Nizamabad .....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 issue an appropriate Writ Order or direction more particularly one in the nature of " Writ of Cortiorari " calling for the records relating to the orders of teh Hon'ble A.P. Adminstrative Tribunal passed in OA No. 3208/04 dt. 29-06-07 and quash the same Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondents : Sri S.Satyam Reddy. The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :7441 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order of the tribunal passed in O.A.No:3208 of 2004 on 29.6.2007. The respondents herein are the applicants before the Tribunal. They filed the above O.A. seeking to call for the records relating to the issuance of Memo No.6559/CPR B2/2003, dated 19.2.2004 as confirmed vide memo No.6559/B2/2003, dated 16.4.2004 of the 1st respondent, on the ground that the applicants are working as Junior Assistants in various Gram Panchayats in Nizamabad District and they had made a request for their transfer to the unit of District Panchayat Officer and accordingly, the District Collector issued orders effecting their transfers vide proceedings dated16.3.1999, wherein it was stated that the applicants would take the last rank in the unit of District Panchayat Officer and accordingly, the applicants have joined as Junior Assistants and their names have also been included in the seniority list issued by the 3rd respondent. The 2nd respondent addressed a letter to the 1st respondent seeking ratification of the transfers made by him and the 1st respondent seems to have rejected the same. It is the main grievance of the applicants that the 1st respondent had issued ratification orders in respect of transfers made by the District Collector, Karimnagar, but he rejected the request of the 2nd respondent for ratification of the transfers in respect of the applicants. Apart from that, pursuant to the rejection orders, the respondents are trying to repatriate the applicants to the Grampanchayat units. The tribunal having observed that as the applicants have served for more than 3 ½ years in the District Panchayat Offices in Nizamabad District and they are continuing to do so by virtue of the interim orders made earlier on 2.6.2004, set aside the impugned memos and directed the respondents to reconsider the claim of the applicants for continuing them in the Units of DPO and also directed the applicants to make a representation to the 1st respondent in pursuance of the order, within two weeks from the date of receipt of a copy of the order, and the 1st respondent to consider the same and pass appropriate orders by ratifying the action of the District Collector, Nizamabad, thereby allowing the applicants to continue in the units of the DPO. Having aggrieved by the same, the respondents therein filed the present writ petition. Heard the learned Government Pleader and the learned Counsel appearing for the respondents-applicants and perused the material available on record. It is the contention of the learned Government Pleader that the 1st respondent informed that the ministerial staff of Gram panchayat belongs to the Unit of District Panchayat Officer as per the rules in force and therefore, inclusion of the names of the applicants under the unit of ministerial staff in the offices of DPO, in unit of Collector is not permissible as both these are separate entities. The main grievance of the applicants is that when the District Collector, Karimnagar transferred similarly situated persons from one Unit Office to the DPO’s office, the then Commissioner of Panchayat Raj & Rural Employment had ratified the action of the District Collector, karimnagar, but the 1st respondent rejected the request of the 2nd respondent in respect of their cases. In view of the facts and circumstances of the case and having regard to the submission made by the learned Counsel and the observations made by the tribunal in this regard, We feel it appropriate to modify the order of the tribunal to the effect that the 1st respondent shall consider to ratify the action of the 2nd respondent and pass appropriate orders as was done earlier in the similarly situated persons. Subject to the above modification of the order of the tribunal, the writ petition is disposed of. No order as to costs. ___________________ Justice T.Meena Kumari ___________________ Justice S.Ashok Kumar Dated:4.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :7441 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 04/04/2008 ,