IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THIS THE 24TH DAY OF SEPTEMBER, 2009 W.P.No.13970 of 2000 Between: 1. The Secretary to Government Social Welfare Department Andhra Pradesh, Hyderabad and others ….PETITIONERS and Shaik Mujahid …RESPONDENT THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.13970 of 2009 ORDER:( Per HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR) This writ petition is filed by the State questioning the order of the Andhra Pradesh Administrative Tribunal in O.A.No.2828 of 1993 dated 04.05.1999. The respondent herein had filed the aforesaid O.A. for a direction to continue and post him as an Assistant Cutter in Garments production-cum-training Centre in Tailoring at Khammam in the existing vacancy and for a further direction to treat him as an Assistant Cutter since the date of his first appointment i.e. with effect from 12.06.1986 and for a consequential direction for all other benefits. In the said O.A., it was contended that the respondent herein has put in more than 13 years of service and he is seeking the post of Assistant Cutter. The Tribunal, on consideration of the case of the applicant and of the State (petitioners herein), was of the view that, as per G.O.Ms.No.81 Social Welfare (A) Department dated 15.05.1982, the requisite qualification for the post of Assistant Cutter is a pass in 10th Class or its equivalent of any University in India established or incorporated by or under Central Act, provisional Act or any Institution recognized by the university grant commission with a Diploma in Dress making and costume designs in any polytechnics of 3 years duration. The Tribunal found that the respondent herein was not eligible to hold the said post either by direct recruitment or by promotion and, therefore, without granting the basic relief sought for in the O.A., disposed of the O.A. permitting the respondent herein to make a representation to the petitioners herein within a period of two weeks from the date of passing of such order, bringing forth to their notice of the fact that he was working in the said post since 1986, and directed the petitioners herein to consider his case, if necessary, by granting relaxation, within a period of three months. To the extent of the direction of the Tribunal directing consideration of the case of the respondent herein, if necessary, by exercising relaxation in his favour, the petitioners are aggrieved and have approached this Court. At the time of admission of this writ petition, on 17.01.2001, this Court had granted interim suspension. There is no representation on behalf of the respondent though served. We have considered the contentions of the learned Government Pleader for Services. In the light of the factual aspects mentioned above, it cannot be said that the petitioners are aggrieved by the direction of the Tribunal permitting the respondent herein to make a representation for consideration of his case. However, the said consideration by the petitioners has to be in accordance with law and, with regard to the further direction of the Tribunal, it is not as if that the Tribunal has mandated any relaxation to be granted in favour of the respondent. In that view of the matter, the order of the Tribunal impugned herein is modified directing the petitioners herein to consider the representation, if any, made by the respondent for consideration of his case in accordance with law. The writ petition is disposed of. No costs. __________________ V.ESWARAIAH, J ____________________________ VILAS V.AFZULPURKAR, J 24th September 2009 CVRK