THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 14612 of 2010 Dated: 6-7-2010 Between: T.C.Kullayappa …Petitioner and Director of Medical Education, Andhra Pradesh, Hyderbad and another …Respondents ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) Heard Sri Prasad, learned counsel for the petitioner and the learned Government Pleader for Services-I. Though the petitioner has challenged the order of the Tribunal dated 6-11-2009 in O.A.No. 7247 of 2006 on the merits of the decision, whereby the O.A. has been dismissed finding no infirmity in the disciplinary proceedings and the consequent punishment imposed, the learned counsel for the petitioner concedes the position that the O.A. itself is not maintainable, as what was challenged before the Tribunal was an order dated 12-1-2005 of the disciplinary authority Superintendent, Government General Hospital, Ananthapur dismissing the petitioner from service from the post of Thoty in the Government General Hospital, a post borne on the last grade service and governed by the A.P. Last Grade Service Rules, 1992 (for short ‘the Rules’). The Rules were issued by the Governor of the State in purported exercise of the power under the proviso to Article 309 of the Constitution. The petitioner was therefore asserting a grievance in respect of his employment under the State. Therefore, the State of Andhra Pradesh in its juristic persona is a proper and necessary party in the O.A. The petitioner has however failed to implead the State of A.P., and therefore the O.A. is not maintainable, is fairly conceded by the learned counsel for the petitioner. In the circumstances he seeks to rectify this infirmity in institution of the O.A. and prays that the order of the Tribunal dated 6-11-2009 in O.A.No. 7247 of 2006 be set aside. The learned Government Pleader for Services-I does not object to this. In the circumstances, the order of the Tribunal dated 6-11-2009 in O.A.No. 7247 of 2006 is set aside, as the order has been passed in an application not impleading the State of Andhra Pradesh, a proper and necessary party in the O.A. The petitioner is however at liberty to take appropriate steps to implead the proper and necessary party and if he fails to do so, the Tribunal shall reject the O.A. as not maintainable. The writ petition is allowed as above and the O.A. is remitted to the Tribunal, in the circumstances, for a de novo determination in accordance with the observations recorded herein. However, there shall be no order as to costs. _________________________ GODA RAGHURAM, J _________________________ R. KANTHA RAO, J 6th July, 2010. GRR