IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.136 of 2003 Between: V.R.G.PRASAD. ..... PETITIONER AND 1.The Government of Andhra Pradesh, rep. by its secretary, Medical & Health Dept., Hyderabad and 3 others. .....RESPONDENTS The Honble Sri Justice D.S.R. Varma and The Hon’ble Sri Justice K.C.Bhanu Writ Petition No. 136 of 2003 Order: (Per The Hon’ble Sri Justice K.C.Bhanu) This Writ Petition is filed challenging the order dated 05-12-1992 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.4974 of 2000 and also to declare G.O.Rt.No.984, Health & Family Welfare (J2) Department, dated 27-07-2002 as arbitrary and illegal, and consequently, to direct the respondents to regularize the services of the petitioner in the post of Field Assistant with all consequential benefits. The writ petitioner and three others filed Original Application No.4974 of 2000 seeking to declare G.O.Ms.No.984 dated 27-07-2000 as illegal, and consequently, to direct the respondents to regularize their services in the posts held by them. The Tribunal, after considering the material available on record, held that the posts of Superior Field Workers and Field Assistants were no more in existence as on 16-07- 1992, and as such, dismissed the said Original Application. Challenging the same, one of the applicant filed Writ Petition No.18420 of 2003 before this Court, and a Division Bench of this Court by order dated 2nd November, 2006, set aside the G.O.Rt.No.984 dated 27-07-2000 as regards the writ petitioner therein, and consequently, directed the respondents to reinstate the petitioner therein forthwith, but without any back wages. The learned Counsel for the petitioner herein contended that the present petitioner is senior to the petitioner in W.P.No.18420 of 2003, and admittedly, the services of three of the juniors to the petitioner were regularized, as such, discrimination was shown in so far as the present petitioner is concerned. Hence, he prays to allow the Writ Petition, setting aside the impugned order of the Tribunal. The learned Government Pleader for Services-I fairly admitted that three juniors to the present petitioner were reinstated into service and that their services have been regularized without any backwages and that the subject matter of the present writ petition is squarely covered by the judgment, dated 02.11.2006, rendered by a Division Bench of this Court in W.P.No.18420 of 2003. It is not necessary for us to give the details of the case, but the fact remains that the petitioner is the senior most person among the applicants in the said O.A., and the writ petitioner in W.P.No.18420 of 2003, was also one of the applicants therein. The petitioner herein was appointed on a temporary basis on 30th July, 1992, and he has worked for more than six years ten months. Considering the facts that the District Medical & Health Officer, Machilipatnam, Krishna District, in his proceedings dated 17-05-2006, recommended for absorption of three juniors to the present petitioner, whose case stands on the same footing as that of the present petitioner; and that this case is squarely covered by the judgment, dated 02.11.2006, rendered by the Division Bench of this Court in W.P.No.18420 of 2003, the petitioner herein shall also be reinstated into service without any backwages. Accordingly, the Writ Petition is allowed, the impugned order in O.A.No.4974 of 2000, dated 05-12- 1992, is set aside and G.O.Rt.No.984, dated 27-07- 2000 is set aside in so far as the present petitioner is concerned. The respondents are directed to reinstate the petitioner herein forthwith, but without any backwages. In the circumstances, there shall be no order as to costs. ______________ (D.S.R.Varma, J) 31st January, 2008 ______________ (K.C.Bhanu, J) lur