IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6888 of 2009 Between: 1 T. Satyanarayana S/o. Subrahmanyam O/o. XEN/C/RJY., South Central Railway, Rajahmundry, E.G. Dist. 2 V. Bhaskar S/o. Narayana O/o. Dy.C.E./C-I/SC., South Central Railway, Secunderabad. 3 A.V.R. Subrahmanyam S/o. A.S.R. Anjaneyulu O/o. PCE/OL/SC., V Floor, Rail Nilayam, Secunderabad. 4 Md. Rafiq Ahmed S/o. Hussaini Peeran O/o. DRM/W/GTL., South Central Railway, Guntakal, Anantapur District. 5 Smt. S. Sudha Rani W/o. S.S.R.K. Prasad O/o. PCE/OL/SC., V Floor, Rail Nilayam, Secunderabad. 6 N.S. Maddileti Reddy S/o. Venkat Reddy Oxford Plaza, S.D. Road, Secunderabad. 7 S.K. Safdar Ali S/o. Miya Saheb O/o. Dy.CE./C/HX., South Central Railway, Kadapa. 8 K. Elisha Rao S/o. K. Ankulu O/o. DRM/W/NED., South Central Railway, Nanded, Maharastra State. ..... PETITIONER(S) AND 1 The General Manager South Central Railway Rail Nilayam, Secunderabad. 2 The Chief Personnel Officer South Central Railways Rail Nilayam, Secunderabad. 3 The Principal Chief Engineer South Central Railway V Floor, Rail Nilayam, Secunderabad. .....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 a writ, order or direction more in the nature of certiorari calling for the records relating to the ordes of the Central Administrative Tribunal in O.A.SR.NO. 702 of 2009 dated 23-3-2009 and Lr.No. P/E/535/DOS/SE/Drg/Vol.VIII dated 2-3-2009 issued by the Chief Personnel Officer, South Central Railway, Secunderabad and set-aside the same and consequently hold that the petitioners are entitled to continue as Section Engineers on the basis of their selection and empanelment in the select list in the pay scale of 6500-10500/9300-34800 with G.P. Rs.4600/- with all consequential benefits. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: SMT.PUSHPINDER KAUR The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY W.P.No.6888 of 2009 ORDER: (Per Ghulam Mohammed,J) Aggrieved by the order, dated 23.3.2009 passed by the Central Administrative Tribunal, Hyderabad in O.A.SR.No.702 of 2009, this writ petition is filed. 2. The brief facts of the case are that the second respondent issued proceedings dated 2.5.2008 reverting the petitioners from the post of Section Engineer to the post of Junior Engineer. Aggrieved by the said proceedings, the petitioners earlier filed O.A.No.295 of 2008. However, in the said O.A. as no interim orders were granted, the petitioners filed writ petition No.11269 of 2008 and in W.P.M.No.14629 of 2008, this court granted interim suspension of the proceedings dated 2.5.2008 in respect of the petitioners on 28.5.2008 and observed that it is open for the respondents to issue notice to the petitioners and pass appropriate orders. Thereafter, the respondents issued show cause notice to the petitioners on 29.8.2008 and they submitted their explanations. Being not satisfied with the explanations submitted by the petitioners, the second respondent issued proceedings dated 2.3.2009 reverting the petitioners from the post of Section Engineer to that of Junior Engineer Grade 1. Against the said proceedings, the petitioners filed the present O.A.SR before the Tribunal and the same was returned observing that unless writ petition No 11269 of 2008 and O.A. No.295 of 2008 are disposed of, the Tribunal cannot entertain the fresh O.A. Challenging the same, the petitioners filed the present writ petition. 3. The learned counsel for the petitioners contends that by virtue of interim orders granted by this court in W.P.M.P. No 14629 of 2008 in W.P.No. 11269 of 2008, show cause notice was served on the petitioners and on receipt of explanation from them, the authorities decided to revert them by proceedings dated 2.3.2009 and a fresh cause of action arose on 2.3.2009 for them to file present O.A. and therefore, the Tribunal ought to have entertained the O.A. 4. Learned Standing Counsel for the Railways appearing for the respondents submits that the Tribunal, after taking into consideration the facts and circumstances of the case and in view of the pendency of W.P.No.11269 of 2008 and O.A.No.295 of 2008, has rightly returned the O.A. 5. As seen from the record, the petitioners have earlier filed O.A.No.295 of 2008 and when the Tribunal refused to grant interim order, they approached this court by filing W.P.No.11269 of 2008 and this court granted interim suspension of the proceedings dated 2.5.2008 in W.P.M.P.No.14629 of 2008 and observed that it is open for the respondents to issue notice to the petitioners and pass appropriate orders. Pursuant to the interim order, the respondent authorities served show cause notice on the petitioners and they submitted their explanation, however, not satisfied with the explanation, the respondent- authorities reverted the petitioners from the post of Section Engineer to Junior Engineers Grade-1 by proceedings dated 2.3.2009. Therefore, a fresh cause of action arose on 2.3.2009 for the petitioners to file O.A. The Tribunal returned the O.A. merely on the ground that the matter is seized by this court in W.P.No 11269 of 2008 and the Tribunal in O.A.No.295 of 2008. In the circumstances, we deem it appropriate to direct the Tribunal to entertain the O.A in view of the fresh cause of action, and pass appropriate orders in accordance with law. 6. Accordingly, the writ petition is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED,J _____________________ B.SESHASAYANA REDDY,J 02.04.2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KBJ}