IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH 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 : 21347 of 2004 Between: 1 The Chief Commissioner of Land Administration, Nampally, A.P. Hyderabad. 2 The Joint Collector, Nalgonda District at Nalgonda. 3 The Revenue Divisional Officer, Nalgonda Division, Nalgonda. 4 The Mandal Revenue Officer, Nalgonda Mandal, Nalgonda. ..... PETITIONERS AND P.Koteshwar Reddy, R/o Panagal Village, Nalgonda District. .....RESPONDENT 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 any writ or proceedings more particularly one in the nature of "Writ of Certiorari" calling for the records pertaining to the order passed in O.A.No. 7816/2000 on the file of Hon'ble A.P.A.T. Hyderabad dated 11-11-2002 and quash the same as illegal and arbitrary Counsel for the Petitioners:GP FOR SERVICES II Counsel for the Respondent : MR.A.RAJASEKHAR 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 :21347 of 2004 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:7816 of 2000 on 11.11.2002. The respondent is the applicant and he filed the O.A.7816 of 2000 seeking to set aside the orders of the 1st respondent in CCLA’s Ref.No:A3/1667/2000, dated 22.11.2000 in dismissing the appeal and also the orders of the 2nd respondent in proceedings No:A3/1863/2000, dated 2.3.2000 dismissing the applicant from service and consequently, to direct the respondents to continue the applicant till his retirement. The tribunal having observed that soon after the receipt of the report of the enquiry officer, the District Collector straight away issued the orders of dismissal against the applicant and thus, he has violated the procedure laid down under rule 48 of the A.P. Village Administrative Officers’ Service Rules, 1990 and it is a grave irregularity on the part of the District Collector, Nalgonda District in issuing these orders, allowed the O.A granting all consequential benefits to the applicant including reinstatement of the applicant into service and payment of honororium thus due to the applicant and also consideration of his case for appointment as panchayat secretary or assistant secretary which were created under G.O.Ms.No:369, PR &RD Department, dated 12.12.2001 as per his qualifications and eligibility. Having aggrieved by the same, the present writ petition is filed by the respondents-writ petitioners. Heard the learned G.P. and perused the entire material available on record as well as the order impugned herein. It is the case of the writ petitioners that the respondent- applicant has already crossed superannuation age as on 31.12.2000 and hence, the implementation of the order of the Tribunal dated 11.11.2002 cannot be possible. A perusal of the order of the Tribunal goes to show that soon after the enquiry report, the District Collector straight away passed the orders of dismissal and thus, he violated the procedure as laid down under Rule 48 of the A.P. Village Administrative Officers’ Service Rules 1990. The main contention of the writ petitioners is that they could not implement the orders of the tribunal on the ground that the respondent-applicant has crossed the age of supperannuation. In view of the above observation of the tribunal and in view of the difficulty expressed by the petitioners in this writ petition to implement the orders of the tribunal, We feel that it would suffice if the order of the tribunal is modified to that of payment of all consequential benefits including the retiral benefits to which, the applicant is entitled as per the orders of the tribunal. Subject to the above modification, the writ petition is disposed of. No order as to costs. ______________________ Justice T.Meena Kumari _____________________ Justice S.Ashok Kumar Dated:27.03.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :21347 of 2004 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 27/03/2008 ,