IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 27280 of 2007 Between: M. Arun Kumar S/o Lazarus r/o D. No. 6-14-15, Ambedkar Colony, Thirupathi, Chittoor district. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by its Secretary, Transport, Roads, and Buildings, Department A.P. Secretariat, hyderabad. 2 the Andhra Pradesh Public Service Commission, rep by its secretary, Nampalle, Hyderabad. .....RESPONDENTS 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 of Certiorari calling for all the connected records including the impugned judgment in O.A. No. 436 fo 2007 dated 10-09-2007 passed by the A.P. Administrative Tribunal and quash the same as illegal, unjust and contrary to law and further direct the respondents to select the petitioner for the post of Assistnt Executive Engineer,in A.P.R&B Engineering Service and pass such other order or orders in he interest of justice. Counsel for the Petitioner:MR.I.NAVEEN KUMAR Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.27280 of 2007 ORDER: (Per Hon’ble Sri Justice C.V.Ramulu) (‘ON BEING MENTIONED’) When the writ petition was listed on 30.6.2008, it was submitted that the matter is covered by the decision rendered in W.P.Nos.21609 and 22314 of 2007 dated 5.11.2007, therefore the writ petition was allowed in terms of the said order. Today, the matter came up for consideration before this Court ‘on being mentioned’. The writ petition was filed challenging the order made in O.A.No.436 of 2007 dated 10.9.2007 on the file of A.P. Administrative Tribunal, Hyderabad. The learned counsel appearing for petitioner submits that the above O.A. was disposed of along with O.A.No.5489 of 2006 and batch dated 10.9.2007, whereunder the relief seeking appointment to the post of Assistant Executive Engineer in A.P. R & B Engineering Service was rejected. Aggrieved thereby, applicants in O.A.Nos.5489 of 2006 and 421 of 2007 filed W.P.Nos.21609 and 22314 of 2007 before this Court. During the course of hearing of the said writ petitions, written instructions were placed before this Court to show that some vacancies were available and the petitioners had also come up for selection. Therefore, this Court, by common order dated 5.11.2007, allowed the said writ petitions treating the written instructions as part of the record. Under those circumstances, we are of the considered opinion that the issue that arises for consideration in this writ petition is squarely covered by the decision rendered in W.P.Nos.21609 and 22314 of 2007 dated 5.11.2007, as such, this writ petition is also liable to be allowed and accordingly allowed in terms of the order passed in W.P.Nos.21609 and 22314 of 2007 dated 5.11.2007. As this case arises out of a common order of the Tribunal, the order in the earlier writ petitions that the order shall not be a precedent in future cases is not applicable to the present case. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 15.7.2008 DA THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.27280 of 2007 (Order of the Bench delivered by Hon’ble Sri Justice C.V.Ramulu) 15.7.2008