THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21323 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) The petitioners in this writ petition are the respondents in O.A.No.905 of 2007 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad. The said O.A. was allowed by the Tribunal in favour of the respondent herein by order, dated 02- 09-2008 in view of the earlier order of the Tribunal in O.A.No.734 of 1992, which stood confirmed when the petitioners herein withdrew Civil Appeal No.770 of 1994 preferred against the said order, as recorded by the Hon’ble Supreme Court in the order, dated 13-11- 1995. The only grievance of the respondent herein was that he was not being given benefit of regularisation of services and consequential benefits on par with his juniors. The Tribunal accepted the said contention in the light of the records produced before the Tribunal and in view of the earlier order in O.A.No.734 of 1992 directed the petitioners herein to pass appropriate orders extending similar benefit to the respondent herein on par with his juniors viz., Sri N.V.G.A.Krishna Babu within a period of two months from the date of receipt of a copy of the said order. Aggrieved thereby, the petitioners herein filed the present writ petition. We have heard the learned Standing Counsel for the petitioners. He submits that the order of the Tribunal placing the case of the respondent herein on par with his juniors is not justified inasmuch as firstly those persons are not juniors to the respondent herein and secondly the benefit, which was extended to them, was on account of an error and that the petitioners are taking steps to rectify the said error. The correctness of the impugned order herein cannot be tested with reference to what action the petitioners are going to take as contended by the learned Standing counsel for the petitioners. The order impugned clearly shows that the Tribunal has similarly followed the earlier directions in O.A.No.734 of 1992, which stood confirmed by the Hon’ble Supreme Court by dismissal of Civil Appeal and, therefore, no exception can be taken to the directions issued under the impugned order. However, It is needless to observe that, if law permits, it is open to the petitioners to take appropriate steps to rectify the error, if any, as contended by the learned standing counsel for the petitioners. Hence, the writ petition is dismissed. Two months time granted by the Tribunal is, however, modified and accordingly, three months time is granted from today to comply with the direction issued in impugned order. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 07-10-2009 Note: Issue C.C. in two days (B/o) Prv