IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22487 of 2008 Between: 1 M.Dharma Rao s/o.Ramabrahmam N.S.Dam Hill colony,Nalgonda District, R/o. Flat No.203,Vijaya Towers, Adusumalli vari veedhi Tenali-522201, Guntur District 2 G.Satyanarayana S/o.G.Potaiah Hill coloy, Nalgonda District,R/o. Quarter No.A/212 Hill colony,Nalgonda District ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, rep.by its Secretary to Government ,Irrigation & CAD Department, Secretariat Hyderabad 2 The Engineer-in-Chief,(Administration Wing) Irrigation and CAD Department, Erramanzil, Hyderabad .....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 issue a writ order or direction more in the nature of writ of Certiorari calling for the records relating to the order of the Hon`ble AP Administrative Tribunal dated 11.8.2004 in OA.No.8752 of 1998 in so far as it restricts the monetary benefit only from the date of filing of the OA and quash the same and further direct the respondents to extend the monetary benefits to the petitioners in terms of G.O.Ms.No.26 dated 15.1.1986 on par with Overseers by declaring the order of the Hon`ble Tribunal and action of the respondents in not paying arrears of pay on par with the Overseers as illegal, bad and arbitrary, and to pass Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :5501 of 2009 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking a direction in the nature of certiorari, to call for the records pertaining to the order passed in O.A.No:8752 of 1998 on 11.8.2004 by the A.P.Administrative Tribunal in so far as it restricts the monetary benefit only from the date of filing of the O.A and to set aside the same by directing the respondents to extend the monetary benefits to the petitioners in terms ofG.O.Ms.No:26, dated 15.1.1986 on par with overseers. The petitioners are the applicants before the tribunal. They have filed the O.A seeking to set aside the Government Memo No.650/Ser.T(1)/86-36, dated 15.11.1997 and direct the respondents to extend the benefit of G.O.Ms.No:26, dated 15.1.1986 and other G.Os. issued in favour of the Supervisors promoted from the category of overseers by treating the Draughtsmen on par with overseers in all respects with all consequential benefits. Though the tribunal observed that the subject matter is squarely covered by the order passed in O.As.3156 of 1998 and 8811 of 1998 on 5.11.2003 wherein the memo impugned was set aside ordering to implement the benefits given to the overseers, to the Draughtsmen, but imposed a condition that only the notional benefits should be given prior to the filing of the petitioner and the monetary benefits should be given subsequent thereof. Accordingly, the tribunal disposed of the O.A in terms of the order passed in O.A.Nos.3156 of 1998 and 8811 of 1998 on 5.11.2003. Having aggrieved by the same, the present writ petition is preferred by the applicants. Heard the learned counsel and perused the entire material available on record and the order impugned. Sri Manohar, the learned counsel for the applicants that contended that it was also brought to the notice of the Government about the equality of the posts by way of representation and the said representation is still pending and on that R.P.No.961 of 1988 along with several R.Ps were filed before the tribunal seeking a direction to extend the benefit contained in G.O. Ms.No:218, dated 15.6.1982 as extended in G.O.Ms.No:26, dated 15.1.1986 and the said R.P was disposed of directing the 1st respondent to examine the proposals and pass appropriate orders within a period of three months from the date of receipt of the orders. But, the Government has issued the impugned Memo No:650/Ser.T(1)/86-36, dated 15.11.1997 rejecting the request of the A.P.Diploma Engineers Association for extending the benefit of G.O.Ms.No:26, dated 15.1.1986. It is further submitted that though one set of O.As. were disposed of on 5.11.2003 allowing the claim of the applicants therein by setting aside the memo of the Government, but the tribunal has passed the order in present O.A. to the effect that the notional benefits should be given prior to the filing of the petition and the monetary benefits should be given subsequent thereof. Apart from that, the present O.A has been preferred in time. But, the monetary benefit is allowed only from the date of filing the O.A. Therefore, the order of the tribunal is liable to be modified as claimed by the applicants. A perusal of the order impugned makes it clear that the present O.A is disposed of in terms of the earlier O.As. But, the claim of the applicants as to the monetary benefits is given only from the date of filing the O.A without properly adjudicating the issue by assigning reasons. In this view of the matter and in view of the present facts and circumstances of the case, without expressing any opinion on the merits of the case, We feel it just and proper to remand the matter to the tribunal for considering the issue and dispose of the O.A afresh in accordance with law, after giving an opportunity to both the parties. Accordingly, this writ petition is allowed setting aside the order impugned and remanding the matter to the tribunal to consider the issue in question and dispose of the O.A afresh in accordance with law, after giving an opportunity to both the parties, within a period of eight (8) Weeks from the date of receipt of a copy of this order. __________________________ Justice Ghulam Mohammed _____________________________ Justice B.Seshasayana Reddy Dated: 25th March, 2009 gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :5501 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 25th March, 2009