THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO:22671 OF 2010 DATED:6.10.2010 Between: 1. B.V. Krishna Prasad and another. .....PETITIONERS AND 1. The Commissioner, Chilakaluripet Municipality, Chilakaluripet, Guntur District and others. .....RESPONDENTS This Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO:22671 OF 2010 ORDER: ( Per the Hon’ble Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners with the leave of this Court challenging the order of the Tribunal, dated 11.6.2008 in M.A.No.2960 of 2007 in O.A.No.7626 of 2005 and also the order dated 19.6.2009 passed in M.A.No.1020 of 2007 in O.A.No.7785 of 2003 by the Tribunal. The case of the petitioners is that they filed O.A.No.7785 of 2003 before the Tribunal seeking to direct the respondents to grant B.Ed Scales and arrears of pay from the date of their initial appointments as Secondary Grade Assistants. The Tribunal disposed of the above O.A., on 28.11.2003 granting similar direction as granted in W.P.No.21704 of 1999, dated 11.1.2000. Further, the Tribunal held that the representations of the petitioners may be considered and disposed of as per the directions given by this Court in W.P.No.21704 of 1999. But the orders of the Tribunal were not implemented. Hence, the petitioners filed M.A.No.1020 of 2007 in O.A.No.7785 of 2003 seeking a direction to the respondents to implement the orders dated 28.11.2003. But the Tribunal dismissed the M.A., holding as follows: “In view of the Full Bench Judgment of this Tribunal in I.A.No.2960 of 2007 in O.A.No.7626 of 2005 and batch, dated 11.6.2008, this M.A. cannot be maintained. Hence, the M.A. is dismissed as not maintainable”. Having aggrieved by the same, the present writ petition has been filed. Heard the learned Counsel for the petitioners as well as the learned Government Pleader for Education. The main grievance of the petitioners is that the orders of the Tribunal in O.A.No.7785 of 2003 have not been implemented so far extending the benefit of B.Ed Scales to them from the date of their initial appointment as Secondary Grade Assistants and in view of the dismissal of the above M.A., though the petitioners are entitled to the benefit, they remained remediless. On instructions, the learned Counsel for the petitioners submitted that the order in the above O.A. has become final and the municipality is bound to implement the same. In view of the above facts and circumstances of the case, it would suffice if leave is granted to the petitioners to approach the Tribunal for the relief that was sought for in the above M.A., by way of filing a separate O.A. Accordingly, the writ petition is disposed of granting leave to the petitioners to approach the Tribunal for the relief that was sought for in the above M.A., by way of filing a separate O.A. No order as to costs. ________________________ Justice T.Meena Kumari ________________________ Justice G.V.Seethapathy Dated:6.10.2010. nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NO:22671 OF 2010 (Order of the Division Bench delivered by Smt.Justice T.Meena Kumari) DATED:6.10.2010