IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH 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 : 14852 of 2008 Between: V. Gopalakrishna Murthy, S/o. Ramachandra Rao, R/o. Vakatippa Village, Kapileswarapura Mandal, East Godavari District. ..... PETITIONER AND 1 District Collector, East Godavari District, at Kakinada. 2 Revenue Divisional Officer, Rajahmundry, East Godavari District. 3 Tahsildar, Kapileswarapura Mandal, East Godavari District. .....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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned letter Ref.No. A1/28/2008 dt. 27-5-2008 of the 1st respondent herein, as illegal, arbitrary and consequently set aside the same by directing the respondents to appoint the petitioner herein as village Servant in Kapileswarapuram Mandal, East Godavari District, in terms of the orders passed in O.A.No. 7380 of 1994 dt. 30-1-2003 on the file fo the Hon'ble A.P. Administrative Tribunal, Hyderabad and to grant such other relief or reliefs Counsel for the Petitioner:MR.B.SRI RAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.14852 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed against the order dated 30-1-2003 passed in O.A.No.7380 of 1994 on the file of Andhra Pradesh Administrative Tribunal and consequential proceedings issued by the first respondent in letter reference No.A1/28/2008 dated 27-5-2008. 2. The petitioner herein is the applicant in the above O.A. The Tribunal after considering the rival contentions and taking into account the earlier direction given by the Lok Adalat, directed the respondents to consider the case of the applicant for appointment as Village Servant as and when vacancies arise, and his services shall be counted from the date of filing of the O.A. and the monetary benefit should be given. Pursuant to the said direction, the respondents issued impugned proceedings dated 27-5-2008 stating that the post of Village Servant is banned by way of direct recruitment in view of the provisions of Act 2 of 1994. Aggrieved thereby, this writ petition is filed by the applicant. 3. In the instant case, the Tribunal has disposed of O.A. on merits and subsequent thereto, the impugned proceedings dated 27-5-2008 have been issued by the first respondent. The issuance of the said proceedings, would give rise to fresh cause of action to the petitioner, and in case he is aggrieved, he has to approach the Tribunal by filing the O.A. and not by filing the writ petition invoking the jurisdiction of this Court under Article 226 of the Constitution of India. 4. The writ petition is accordingly dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 11-07-2008 bsc