HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE K.G. SHANKAR WRIT PETITION NO. 3481 OF 2011 Between: A. Lakshmaiah S/o Bhikshamaiah, aged about 58 years ………….Petitioner AND Government of Andhra Pradesh, represented by its Principal Secretary, Irrigation and Command Area Development and two others ………….Respondents ORDER : (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the impugned order dated 3.9.2009 passed in O.A.No. 5908 of 2005 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal and consequently direct the respondents 1 and 2 to grant 16/24 years scale to the petitioner as was directed by the Tribunal in O.A.No. 705 of 1997 dated 17.12.2003 with all consequential benefits. Brief facts of the case are that the petitioner herein was appointed as Lower Divisional Clerk through proceedings dated 18.11.1977. The Government introduced an Automatic Advancement Scheme through G.O.Ms.No. 117, dated 25.5.1981 and continued through G.O.(P) No. 2 dated 4.1.1988. It is stated that the petitioner was given Special Grade Scale as he was completed ten years of service in the category of Junior Assistant without giving any promotion through proceedings dated 7.9.1988 and a Special Scale was granted to the petitioner with effect from 21.11.1987. It is stated that the petitioner was exempted from passing Accounts Test for PWD Officers and Subordinates specified in A.P. Ministerial Service Rules for the purpose of promotion through proceedings dated 13.6.1997 as he crossed the age of 45 years as contemplated in G.O.Ms.No. 165 dated 22.4.1997. It is also stated that one G. Ashirwadam was also exempted from passing Accounts Test as he had also crossed the age of 45 years. It is further stated that the petitioner was promoted as Senior Assistant through the proceedings dated 1.11.1997 and thereafter, he gave a representation for granting SPP-I scale for completion of 16 years and the matter was under consideration. Aggrieved by the same, the petitioner herein filed O.A. and the Tribunal dismissed the O.A holding that the petitioner did not complete 16 years of service as Senior Assistant. Aggrieved by the same, the present Writ Petition is filed. The main grievance of the petitioner is that he was denied the Special Grade Scale for completion of 16 years and his colleague Sri G. Ashirwadam, who was also denied 16 years and 22 years scale, but he filed O.A.No. 705 of 1997 and the Tribunal allowed the O.A on 17.12.2003, therefore, though the petitioner herein was also retired from service on attaining the age of superannuation, he is denied for the benefits that were extended to his colleague. As seen from the record, the colleague of the petitioner herein Sri G. Ashirwadam, who was retired from service as Junior Assistant on attaining the age of superannuation, was granted special scale on completion of 16 years and 22 years of service but whereas the petitioner, who was promoted as Senior Assistant was not granted special scale on completion of 16 years of service. We find force in the contention of the petitioner that the matter requires re consideration by the Tribunal afresh. In the circumstances, the order passed by the Tribunal is set aside and the matter is remitted to the Tribunal with a direction to consider the matter afresh after giving an opportunity to the petitioner. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED,J _______________________ K.G. SHANKAR , J DATE: 11.04.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.