HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. Nos. 26832 and 26843 of 2009 DATED: 13.12.2011 W.P. No. 26832 of 2009 Between: Municipal Corporation of Karimnagar .. Petitioner And K.Komaraiah . Respondent W.P. No. 26843 of 2009 Between: Municipal Corporation of Karimnagar .. Petitioner And B. Narayana . Respondent COMMON ORDER:- (Per Hon’ble Sri Justice Goda Raghuram) These two writ petitions are filed on behalf of the Municipal Corporation, Karimnagar challenging orders of the learned A.P. Administrative Tribunal, Hyderabad dated 13.02.2009 in O.A. No. 248 of 2005 and 19.01.2009 in O.A. No. 3714 of 2005. The respondents herein were the applicants who, in substance sought salary attached to the post of Non-Public Health Worker (Mali) in Karimnagar Municipal Corporation, having been appointed by the competent authority invoking the provisions of Section 74 of the erstwhile Municipalities Act, 1965 (when Karimnagar Municipal Corporation was still a Municipality) and aggrieved by treating them as non-regularized employees. The applicants also sought consequent direction to pay regular pay attached to the post of Non-Public Health Worker by treating their appointment as regular, for consequent benefits. By separate orders impugned herein the Tribunal declared that the applicants are entitled to be treated as regular employees appointed as Non-Public Health Workers with effect from the dates of their initial appointments; that they are entitled to regular scale of pay attached to the said post with effect from such dates; but however entitled to monetary benefits only from the date of institution of the applications before the Tribunal since the applications were belatedly filed; and that the respondents are directed to fix the pay of the applicants with effect from the dates of initial engagement, as directed. Heard Sri Jalli Kanakaiah, learned counsel for the petitioner- Karimnagar Municipal Corporation and Sri S. Satyanarayana Rao, learned counsel for the respondents-applicants. It is seen that the Karimnagar Municipal Corporation, which is a body corporate entitled to sue and liable to be sued in its Corporate nomenclature, has not been impleaded as party respondent in the O.As. This omission is fatal to the grant of relief in the applications filed by the respondents herein. Section 3(4) of the A.P. Municipal Corporations Act, 1994 enjoins that a Corporation shall in its name, be a body corporate and may by the said name sue and be sued. This legislative mandate requires that the Corporation should be impleaded in its corporate persona. The Corporation not having been so impleaded, the judgments of the Tribunal are in-executable against the Commissioner of Karimnagar Municipal Corporation who alone is impleaded as respondent in the O.As. Since the Commissioner is also an employee of the Corporation and a State actor, he is not the Corporation. For the aforesaid reasons, the order dated 13.02.2009 passed in O.A. No. 248 of 2005 and the order dated 19.01.2009 in O.A. No. 3714 of 2005 are set aside. The respective O.As. may be disposed of denovo by the learned Tribunal. It is open to the respondents- applicants to file applications for amendment of the cause title in the Original Applications. Accordingly, these two writ petitions are disposed of. No costs. __________________ GODA RAGHURAM, J 13.12.2011 __________________________ G. KRISHNA MOHAN REDDY, J bcj