THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD W.P.No.5221 of 2010 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking a writ of mandamus to declare G.O.Ms.No.239, dated 03.12.2007 issued by the first respondent and the consequential memo dated 03.01.2008 issued by the third respondent, as illegal and arbitrary, and to set aside the order dated 06.05.2009 passed in O.A.No.5809 of 2009 by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). 2. The petitioner, who is a native of Karimnagar District, was originally appointed as Attender, which post was reserved for open category non-locals, on compassionate grounds on 18.10.1995 in the office of the Executive Engineer, Division No.V of GVC IV, Hanamkonda, Warangal District. Thereafter, he was promoted as Record Assistant on 04.02.2005 and posted at Warangal District. While so, the first respondent issued G.O.Ms.No.239 dated 03.12.2007 repatriating the non-local candidates to their respective local cadres, who are working in violation of the Presidential Order, 1975. In consequence thereof, the third respondent issued a memo dated 03.01.2008 repatriating the petitioner from Division No.IV of CCH, Mahabubabad to the Office of the Superintending Engineer, Flood Flow Canal Circle.II, LMD Colony, Karimnagar and re-posted to work at Division No.2 of GVC.IV, Dharoor Camp, Jagtial, Karimnagar District. Challenging the said G.O. and memo, the petitioner filed O.A.No.5809 of 2009 before the Tribunal and the same was dismissed on 06.05.2009. Hence, the writ petition. 3. When the matter came up for hearing, learned counsel for the petitioner has produced a copy of proceedings, dated 30.04.2009, wherein the second respondent pursuant to the interim order, dated 05.03.2009 passed in O.A.No.4037 of 2009 by the Tribunal, directed one Mohd. Ahmed Hussain, Record Assistant, who is similar to that of the petitioner, to report immediately in the place from where he had been repatriated. Leaned counsel contended that when once the Tribunal has suspended G.O.Ms.No.239 dated 03.12.2007 vide order dated 05.03.2008 in O.A.No.4037 of 2009, it ought not to have dismissed the impugned O.A. on the ground that there was no suspension order insofar as the petitioner is concerned. He further contended that the Tribunal without verifying the facts and inviting any counter affidavit from the respondents dismissed the impugned O.A. at the stage of admission and therefore, the same is illegal and arbitrary. 4. From a perusal of the material on record, it is clear that the Tribunal has suspended G.O.Ms.No.239, dated 03.12.2007 vide order dated 05.03.2009 in O.A.No.4037 of 2009. Therefore, the Tribunal ought to have granted the interim relief in the impugned O.A. also, but directly dismissed the O.A. at the stage of admission. In the impugned O.A., the Tribunal neither gave an opportunity of being heard to the petitioner nor invited any counter affidavit from the respondents. Further, in pursuance of the suspension of G.O.Ms.No.239 dated 03.12.2007, similar other employees were directed to report in the place from where they had been repatriated. In view of the same, without going into the merits of the matter, we deem it appropriate to set aside the order impugned and remit the matter to the Tribunal with a direction to consider the matter afresh and dispose of the same after affording an opportunity of being heard to both parties, on merits, in accordance with law. Accordingly, the writ petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED,J _____________________ G.BHAVANI PRASAD, J Date:11.03.2010. Note: Issue CC within one week. (Bo) sj