IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9967 of 2008 Between: A.Durga Prasad, S/o. Venkateshwarlu, NFCP Unit, Nuziveedu, Krishna District. ..... PETITIONER AND 1 The Government of A.P. Rep by its Principal Secretary, Health, Medical & Family Welfare(J2) Department, Secretariat, Hyderabad. 2 The Director of Medical & Health Department, Andhra Pradesh, Hyderabad. 3 The District Medical & Health officer, Krishna District at Machilipatnam. 4 The District Malaria Officer, Krishna District at Machilipatnam. .....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 an appropriate Writ, order or direction more particularly one in the nature of Writ of CERITIORARI and call for records relating to and connected with the judgment of Hon'ble Andhra Pradesh Administrative Tribunal dated 12.11.2003 rendered in O.A.No.1533 of 2003 with C.A.No.337 of 2003 and O.A.No.1568 of 2003 and Proceedings Rc.No.4920/m2/92 dated 07.03.2003 of the 3rd respondent and quash or set aside the same and consequently to direct the respondents to absorb the petitioner against existing vacancy in accordance with the proposals sent by the 3rd respondent vide his letter Rc.No.593/M2/03 dated 17.05.2006 as extended to petitioners in W.P.No.18420 of 2003 and 136 of 2003 with all consequential benefits and pass Counsel for the Petitioner:MR.P.NAVEEN RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.9967 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This petition is filed seeking a writ of certiorari quashing the judgment dated 12-11-2003 delivered by the Andhra Pradesh Administrative Tribunal in O.A.No.1533 of 2003 with C.A.No.337 of 2003 and O.A.No.1568 of 2003 and proceedings in Rc.No.4920/M2/92 dated 7- 3-2003 issued by third respondent. 2. The petitioner – applicant filed O.A.No.1533 of 2003 aggrieved by the proceedings dated 7-3-2003 by which his services were terminated. It is contended that initially the applicant was appointed as Superior Field Worker in Medical and Health Department of Krishna District, on NMR basis and subsequently absorbed in that post and was allowed to draw the basic pay of Rs.740-1150 in the time scale. Earlier, the applicant challenged his termination before the Tribunal and he was ordered to be continued as Field Worker in the scale of Rs.1375-2375. The third respondent once again terminated the services of the applicant vide proceedings dated 20- 7-1999, which was questioned in O.A.No.5083 of 1999 and the same was disposed of directing the applicant to make a representation and the third respondent to pass appropriate orders, within four weeks, thereof, and also directed to maintain status quo. The applicant submits that thereafter no order was passed. 3. The applicant submitted detailed representation to third respondent to release increments and other allowances, but the third respondent issued impugned proceedings dated 7-3-2003 terminating the services of the applicant purported to be under G.O.Rt.No.984 dated 27-7- 2000 which contains the names of four candidates whose services were sought to be terminated, but the GO does not contain the name of the applicant. 4. It is the case of official respondents that Dr. C.Sambasiva Rao, the then District Medical and Health Officer, Krishna, Machilipatnam, who retired from service on 31-7-2002 had appointed the applicant along with six others vide proceedings dated 28- 7-1992. On enquiry, it was revealed that the said official had misused his official position and made illegal appointments and in the departmental enquiry, he was imposed with a punishment of withholding of pension. 5. We have heard learned counsel for the petitioner and learned Government Pleader for Services-I. 6. Learned counsel for the petitioner has drawn our attention to the judgment of the Division Bench in W.P.No.136 of 2003 dated 31-01- 2008 and contended that the petitioner therein is similarly situated employee as that of the applicant/petitioner herein and this Court set aside the order of termination and directed the petitioner therein to be reinstated into service, but without back wages. 7. It is seen from the judgment of the Division Bench in Writ Petition No.136 of 2003 dated 31-1-2008 that in similar circumstances, this Court ordered reinstatement of the employee into service but without any back wages. The petitioner has categorically stated in the writ affidavit that he is similarly situated to that of the petitioner in W.P.No.136 of 2003 and his name was recommended for absorption by the third respondent vide his letter dated 17-5-2006. It is also asserted by the petitioner that he is senior to the petitioners in W.P.Nos.18420 of 2003 and 136 of 2003. W.P.No.136 of 2003 was disposed of, as it was squarely covered by a Division Bench judgment dated 02-11-2006 in W.P.No.18420 of 2003. This is not controverted by the respondents by filing counter. 8. In the facts and circumstances of the case, we allow the writ petition and set aside the impugned order dated 12-11-2003 in O.A.No.1533 of 2003 and O.A.No.1568 of 2003 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad, and also the proceedings dated 7-3-2003 passed by third respondent insofar as the petitioner is concerned. Further, the respondents are directed to reinstate the petitioner into service forthwith, but without any back wages. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 09-06-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}