IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.24398 of 2010 Between: Sri M.Ramakrishna Reddy and others ..... PETITIONER(S) AND Government of India, Ministry of Water Resources, rep. by its Secretary, Shram Shakthi Bhavan, New Delhi and others .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.24398 of 2010 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) Applicants before the Central Administrative Tribunal, Hyderabad (Tribunal), filed this Writ Petition for declaring the order dated 30.08.2010 passed in O.A.No.371 of 2010 by the Tribunal, vide common order in O.A.Nos.370 and 371 of 2010, as illegal and arbitrary and consequently for directing the respondents to extend the Flexible Complementing Scheme (FCS) by promoting the petitioners to the post of Scientists-B along with Assistant Chemists/Assistant Hydrogeologists (Group-B) on completion of three years of service in the lower cadre. Heard Sri G.Vidya Sagar, learned counsel appearing for the petitioners, Sri Ponnam Ashok Goud, learned Assistant Solicitor General appearing for respondent Nos.1 to 3, and Sri J.P.Srikanth, learned Standing Counsel for fourth respondent. The learned counsel on either side fairly conceded that the controversy involved in this Writ Petition is squarely covered by an order of this Court dated 10.09.2008 rendered in Writ Petition No.22349 of 1999 which was filed by the State aggrieved by the order dated 19.04.1999 passed in O.A.No.1032 of 1996 by the Tribunal. In the said judgment, it is held as follows. “In the circumstances, the Tribunal ought not to have directed the petitioners to revise 1995 Rules so as to include the benefit of FCS for the Group-B posts. However, having regard to the Presidential Order, which has statutory force, pursuant to which the Department of Science and Technology issued O.M. dated 02.05.1986 and the consequent O.M. dated 09.11.1998, we are of the considered view that the petitioner is under obligation to implement O.M. dated 02.05.1986, as modified by OM 09.11.1998 and take further action to implement the FCS in respect of respondents- applicants. Subject to the aforesaid modification the writ petition is dismissed.” It is stated that the Apex Court by order dated 31.08.2009 dismissed the Special Leave to Appeal (Civil) in C.C.No.7347 of 2009 filed by the Union of India affirming the order dated 10.09.2008 in Writ Petition No.22349 of 1999. Therefore, this Writ Petition is disposed of in terms of and in accordance with the order of this Court dated 10.09.2008 rendered in Writ Petition No.22349 of 1999. No costs. ___________________________ GHULAM MOHAMMED, J. _______________________ N. RAVI SHANKAR, J. 30th November 2010 CVRK