IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 17193 of 2008 Between: 1 The Government of Andhra Pradesh, rep. by its Secretary, Finance (Admn.II) Department, Secretariat, Hyderabad. 2 The Director, State Audit, Andhra Pradesh, Hyderabad. 3 The District Audit Officer, State Audit, Eluru, West Godavari District. ..... PETITIONER(S) AND K. Hari Lakshmana Satya Kishore, O/o. Director of State Audit, Andhra Pradesh, Hyderabad. .....RESPONDENT 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 a writ, order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Administrative Tribunal, Hyderabad passed in O.A.No.5105/2007 dated 03.03.2008 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON’BLE Mr. JUSTICE GHULAM MOHAMMED AND THE HON’BLE Mr. JUSTICE G. BHAVANI PRASAD W.P. NO.17193 of 2008 ORDER : ( Per HON’BLE Mr. JUSTICE GHULAM MOHAMMED ) This Writ Petition has been ﬁled by the State challenging the order dated 3-3-2008 in O.A.No.5105 of 2007 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad. The respondent-applicant was originally appointed as Junior Auditor by the District Audit Oﬃcer, Eluru, on compassionate grounds, vide proceedings dated 1-6- 20002 and later he was drafted to the Director of State Audit, Hyderabad, in one of the existing vacancies of West Godavari District quota in the Directorate. The respondent-applicant approached the Tribunal, inter alia, seeking directions to the Government to dispense with the imposition of condition of acquiring degree qualiﬁcation and to protect his seniority while regularizing his services. The Tribunal considering rival submissions of both the parties, held that the respondent-applicant is entitled to be regularized in view of G.O.Ms.NO.18, dated 24-1- 1983 without insisting to the condition stipulated in the order, which is subsequent to the date of issuance of the appointment orders. Hence, this Writ Petition by the State. This Court by its order dated 6-9-2008 directed the petitioners to regularize the services of the respondent- applicant pursuant to the judgment rendered by the Tribunal in O.A.No.5105 of 2007 dated 3-3-2007 within a period of two weeks and till such time, the Tribunal shall not proceed with the contempt proceedings including appearance of the petitioners. Today when the matter came up for consideration, learned counsel for the respondent-applicant produced the proceedings Roc.No.19602/D-1/2008 dated 26-9-2008 whereby the authorities have exempted the respondent- applicant from passing the 2nd class language test in Telugu as he has passed the S.S.C. examination with Telugu Medium, and therefore, it is submitted, it is for the authorities to declare the probation of the applicant- respondent. In view of the above proceedings dated 26-9- 2008, exempting the respondent-applicant from passing the 2nd class language test in Telugu, the petitioners shall take all consequential proceedings to declare the probation of the applicant-respondent. The contempt proceedings in CA No.498 of 2008, including appearance of the petitioners stands discharged. The writ petition is accordingly disposed of. No costs. _____________ GM, J ____________ GBP, J 13-10-2008 KK THE HON’BLE Mr. JUSTICE GHULAM MOHAMMED AND THE HON’BLE Mr. JUSTICE G. BHAVANI PRASAD W.P. NO.17193 of 2008 13-10-2008