IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8050 of 2009 Between: 1 P. Viswanathamaiah, S/o. P. Chalamaiah, M.P. Elementary School, Kondavandlapalli of Dappepalli (V), Lakkireddipalli (M), Kadapa District. 2 J. Jusudas, S/o. J. Yesudas, M.P. Elementary School, Applarajuvaripalli (V) Lakkireddipalli (M), Kadapa District. 3 P. Eswara Reddy, S/o. Subbi Reddy, Z.P. Girls High School, Lakkireddipalli (M), Kadapa District. 4 M. Jospeh, S/o. M. Elia, M.P. Upper Primary School, Nidijuvi (V), Yarraguntla Mandal, Kadapa District. 5 Shaik Mahaboob Bee, W/o. Shaik Ahammad Husain, M.P. Elementary Urdu School, Lakkireddipalli (M), Kadapa District. 6 K. Yarappa Naidu, S/o. K. Seetaramaiah Naidu, Z.P. High School, Obulavaripalli (V) Mandal, Kadapa District. 7 V. Munaiah, S/o. V. Gangaiah, MP. Elementary School, Marugudupalli (V), Vontimitta Mandal, Kadapa District. 8 V. Venkata Rama Raju, S/o. Subba Raju, MP. Elementary School, Vaddepalli of Vattaluru (V), Pullampeta Mandal, Kadapa District. 9 N. Hanumanthu, S/o. N. Bodaiah, MP. Elementary School, Vaddepalli of Vattaluru (V), Pullampeta Mandal, Kadapa District. 10 E. Sreenivasulu, S/o. E. Ramaiah, MP. Elementary School, K. Rachapalli (V), Pullampeta Mandal, Kadapa District. 11 P. Ramalakshumma, W/o. Late P. Gangaah, MP. Elementary School, Appaiahrajupet (V), Pullampeta Mandal, Kadapa District. 12 B. Krishnaah, S/o. B. Chinnaiah, MP. Elementary School, Garalamadugu (V), Pullampeta Mandal, Kadapa District. 13 M. Venkata Subbaiah Naidu, S/o. Venkata Subbaiah, MP. Elementary School, Gundalapalli (V), Rajampet Mandal, Kadapa District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. byits Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, kadapa District, Kadapa. 4 The Head Master, Z.P. Girls High School, Lakkireddipalli Mandal, Kadapa District. 5 The Mandal Educational Officer, Lakkireddipalli Mandal, Kadapa District. 6 The Mandal Educational Officer, Yarraguntla Mandal, Kadapa District. 7 Head Master, Z.P. High School, Obulavaripalli (V), Mandal, Kadapa District. 8 The Mandal Educational Officer, Vontimitta Mandal, Kadapa District. 9 The Mandal Educational Officer, Pullampeta Mandal, Kadapa District. 10 The Mandal Educational Officer, Rajampeta Mandal, Kadapa District. .....RESPONDENT(S) 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 of Certiorari calling for the records, including M.A.No. 1245 of 2009 in O.A.No. 5342 of 2009, dated 17-3-2009, passed by the A.P. Administrative Tribunal, Hyderabad, as illegal, improper, unjust, arbitrary and contrary to law and set aside the same and pass Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 17.3.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in M.A.No. 1245 of 2009 in O.A. (Sr).No. 5342 of 2009, wherein the Tribunal dismissed the M.A confining the application to the first applicant only. M.A No. 1245 of 2009 was filed praying the Tribunal to permit the applicants to file single O.A., by extending the benefit of G.O.Ms.No. 79 dated 3.7.2001 in terms of the judgment of the Tribunal in O.A.No. 2683 of 2002. The grievance of the petitioners is that they have already paid the Court fee and their cases have not been considered and they jointly filed the O.A (Sr) No. 5342 of 2009 and the tribunal instead of entertaining the O.A by allowing M.A, dismissed the same holding that the individual cause of action arises and each case has to be examined on its own merits. The learned counsel appearing for the petitioners contended that they have already paid separate Court fee and the Tribunal has committed serious gravity in not entertaining the matter. In view of the above facts and circumstances of the case, as contended by the petitioners that they have already paid separate Court fee, the Tribunal is directed to entertain the O.A.(Sr) No. 5342 of 2009 provided that each petitioner has paid his separate Court fee since they all are challenging the validity or otherwise of the G.O.Ms.No. 79 dated 3.7.2001. Accordingly, the Writ Petition is allowed and the order passed in M.A is quashed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 21.4.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. byits Secretary, Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, kadapa District, Kadapa. 4 The Head Master, Z.P. Girls High School, Lakkireddipalli Mandal, Kadapa District. 5 The Mandal Educational Officer, Lakkireddipalli Mandal, Kadapa District. 6 The Mandal Educational Officer, Yarraguntla Mandal, Kadapa District. 7 Head Master, Z.P. High School, Obulavaripalli (V), Mandal, Kadapa District. 8 The Mandal Educational Officer, Vontimitta Mandal, Kadapa District. 9 The Mandal Educational Officer, Pullampeta Mandal, Kadapa District. 10 The Mandal Educational Officer, Rajampeta Mandal, Kadapa District. 11. 2CC to G.P. for Services I, High Court of A.P., Hyderabad OUT 12. 2 CD copies