IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH 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 : 925 of 2007 Between: 1 Mohammed Majeed Khan S/o. Md. Moosa Khan Adilabad. 2 Ayub Khan S/o. Ahmed Khan Bokthapur Street, Adilabad. 3 Mr. Naseeruddin S/o. Abdul Waheed Adilabad. 4 S. Suresh S/o. S. Adellu Adilabad District. 5 Azmathullah Khan S/o. Rahmathullah Khan Sirpur Town, Adilabad District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by Principal Secretary, health Medical and Family Hyderabad. 2 The Director of Medical Education, Andhra Pradesh, Hyderabad. 3 The District Collector and Chairman, Pash Medical Recruitment, Adilabad. 4 The District Medical and Health Officer, Adilabad. .....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 a writ or direction or order more particularly one in the nature of writ of Mandamus to declare the Memo No. 35838/52-2000-13 dt. 245.08.2006 issued by the 1st Respondent furtherance to the orders of the Hon'ble Andhra Pradesh Administrative Tribunal in OA No. 1925 of 2002 dt. 18-11-205 as illegal, void, ultra vires, arbitrary, discriminatory and in violation of the fundamental and constitutional rights of the petitioners and consequently direct the respondents to appoint the petitioner for the post of Lab Technician Grade-II in the interest of justice & Equity. Counsel for the Petitioner:MR.MOHAMMED RAHAIL AHMED 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.925 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed challenging the Memo No.35838/J2/2000-13 dated 24-08-2006 issued by the Government of Andhra Pradesh pursuant to the order dated 18-11-2005 passed in O.A.No.1925 of 2002 on the file of Andhra Pradesh Administrative Tribunal. 2. Heard learned counsel for petitioners and learned Government Pleader. 3. The details of the case need not be gone into. The Tribunal disposed of O.A. No.1925 of 2002 directing the petitioners herein to submit the representations to the Government narrating their grievances and on filing such representations, the Government shall to decide the issue within three months thereof. When the order of the Tribunal was not complied, the petitioners moved contempt application and the same was closed as the Memo dated 24-8-2006 was issued by the Government. In view of the fact that the Government after examining the issue, as directed by the Tribunal, has issued Memo dated 24-8-2006, the petitioners ought to have challenged the said Memo by filing a fresh O.A. 4. In the circumstances, we dispose of the writ petition giving liberty to the petitioners to approach the Andhra Pradesh Administrative Tribunal challenging the Memo dated 24-8-2006 by filing O.A., and in case the O.A. is filed, the same shall be entertained without any objection as to the delay and maintainability since the petitioners were pursuing the remedy by way of filing this writ petition. No order as to costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 25-06-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}