IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST 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.22568 of 2008 Between: 1. J.Edward Simon S/o. Late J.John Nellore District, R/o. Aryoguram, Sanitorium, Madanpalli, Chittoor District. 2. Ch. D.Samuel S/o. Late Ch. Issac Nellore District, R/o. 49 Brook Bond Colony, Near AOC Kirkee Gate, Kakaguda, Secunderabad. ..... PETITIONERS AND 1. Union of India, Rep. by its Director, SDSC, SHAR, Sriharikota Range, Nellore District. 2. The Chairman, ISRO, Department of Space, Antariksh Bhavan, New BEL Road, Bangalore. 3. The Head Personnel and General Administration, SDSC, SHAR, ISRO, Sriharikota, Nellore 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 may be pleased to issue an appropriate writ or order or direction(s) more particularly, one in the nature of 'Writ of Certiorari ' calling for the records relating to and connected with order dated 27.09.2007 in O.A.No.492 of 2004 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law. Counsel for the Petitioner: MR.J.SUDHEER Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: ORDER: (Per. Hon’ble Sri justice Ghulam Mohammed) This writ petition is filed seeking Certiorari to quash the order dated 27-9-2007 passed by the Central Administrative Tribunal (for short “the Tribunal”) in O.A.No.492 of 2004. The writ petitioners herein are the applicants 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 the applicants were recruited as Lab Technicians Grade-C in the respondents’ organization in 1974 in the pay-scale of Rs.425-700 with 10 years experience by direct recruitment and they were retired as such without any promotion throughout their service. The respondents issued office order dated 17-4-1975 declaring that all medical staff will be treated as falling under Technical categories for the present and will be eligible for three years review, on the basis of which, the applicants are entitled to the benefit of three years review for promotions. But, the respondents did not extend the said benefit so far to the applicants in spite of repeated representations made by them, aggrieved by which, they filed O.A.No.297 of 1995 before the Tribunal and the Tribunal disposed of the same holding that the respondents will definitely undertake a review favourable to the applicants and decide their cases in accordance with the office order dated 17-4-1995. The respondents, instead of implementing the said orders, filed Rev. Application No.10 of 1998 and the same was dismissed by the Tribunal holding that there is no error apparent in the order, as the applicants come under the office order dated 17-4-1975 as admitted by the respondents. But, the respondents carried the matter in W.P.No.17623 of 1998 challenging the order of the Tribunal and this court dismissed the said writ petition directing the respondents to consider the request of the applicants. Despite several representations, the respondents issued proceedings dated 31-12-2003 and 6-2-2004 conferring only one promotion by creating supernumerary post by the time of which the second applicant was already retired. As the said action of the respondents is not in consonance with the directions of the Tribunal as confirmed by this court, the applicants filed O.A.No.492 of 2004, which was erroneously dismissed by the Tribunal. Assailing the said order, the present writ petition has been filed. Heard the learned counsel for the applicants/writ petitioners and the learned Assistant Solicitor General for respondents. Learned counsel for the applicants contended that though the Tribunal directed the respondents to undertake a review favourable to the applicants and decide their cases in accordance with the office order dated 17-4-1975 as confirmed by this Court in W.P.Nos.17622 of 2008 and 8440 of 1999, they did not do so, and hence, the action of the respondents amounts to violation of the orders. On the contrary, learned Assistant Solicitor General of India has contended that in compliance with the orders passed in W.P.Nos.17622 of 2008 and 8440 of 1999, the authorities concerned issued proceedings giving one promotional avenue to the applicants with prospective effect in the scale of Rs.6,500- 10,500 with effect from 1-4-1998, and therefore, there is no violation of the orders of the High Court. At this stage, it is relevant to go through the proceedings No:SCF/PG/LDS//C-2(71)/2003, dated 31.12.2003, which makes it clear that the case of the petitioners has been considered, but however, without conducting any review for every three years. According to the petitioners, the said order is not in consonance with the true spirit of the tribunal in O.A.No.297 of 1995, dated 3.11.1997 as well as the order of this Court. In view of the controversy and in view of the directions issued by the Tribunal as well as the order of this Court, without expressing any opinion on the merits of the case, we feel it appropriate to direct the respondents to conduct review as ordered by the Tribunal in O.A.No.297 of 1995, as affirmed by this court in W.P.Nos.17622 of 1998 and 8440 of 1999. Accordingly, the writ petition is disposed of directing the respondents to conduct review in respect of the applicants in tune with the directions of the Tribunal in O.A.No.297 of 1995 as confirmed by this Court in W.P.Nos.17622 of 1998 and 8440 of 1999 and in consonance with the Official Memo No.12031/ISRO- 75/1, dated 17-4-1975 and communicate the decision to the writ petitioners-applicants within a period of four (4) months from the date of receipt of a copy of this order. ______________________ GHULAM MOHAMMED, J _____________________ G. BHAVANI PRASAD, J Date: 21-10-2008 Ksn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}