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 : 7391 of 2008 Between: 1 The Engineer-in-Chief, Roads and Buildings, Hyderabad. 2 The Superintending Engineer, Roads and Buildings, Circle Office, Kurnool. ..... PETITIONERS AND 1 U.CH.Venkataramaiah, Working in the O/o.Superintending Engineer (R&B) Circle Office, Kurnool. 2 U.Markandayudu, Working in the O/o.Superintending Engineer (R&B) Circle Office, Kurnool. .....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 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 O.A.No.7627/2003 dated 27.04.2007 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :7391 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:7627 of 2003 on 27.4.2007. The respondents herein are the applicants and they have filed the present O.A seeking to declare the action of the respondents in passing the orders in Proceedings No:A1/2633/2003, dated 16.10.2003 as arbitrary and illegal in so far as the recovery is concerned. The tribunal having relied on the principles laid down by the Apex Court in the judgment reported in P.L. REDDY V. N.T.R.D ([1]) wherein it has been laid down that it was done on account of erroneous fixation made by the authorities and the employee should not be asked to repay the excess amount, and, also having observed that in the instant case, absolutely, there is no misrepresentation and there is no fault on the part of the applicants in promoting them as attenders and in fixing their salaries and therefore, the authorities have committed an error, for which the applicants, cannot be made responsible, allowed the O.A. Having aggrieved by the same, the present writ petition is filed by the respondents-authorities. Heard the learned G.P. for services II and perused the entire material available on record as well as the order impugned. A perusal of the order impugned makes it clear that it has been based on the principles laid down by the Apex Court in the above decision (citation-1 supra). Apart from that, admittedly, there is no such misrepresentation on the part of the applicants with regard to their promotion or fixation of their pays. In this background of the matter, We feel that the order of the tribunal, which does not suffer from any illegality or irregularity, needs no interference by this Court. Hence, We see no merits in this writ petition and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No 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 :7391 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 04/04/2008 , [1] 2002 (2) SLR PAGE 695