IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No: 25876 of 2008 Between: 1 The Director of Treasuries and Accounts, Government of Andhra Pradesh, Tilak Road, Abids, Hyderabad. 2 The Deputy Director, Treasuries and Accounts Department, Nalgonda, Nalgonda District. ..... PETITIONER(S) AND 1 G. Narsimha, S/o. G. Ramaiah, R/o. H.No. 5-7/120, Hyderkhanguda, Nalgonda, Nalgonda District (AP). 2 P. Linga Rao, S/o. P. Veera Rao, R/o. H.No. 6-1-62, Savarkarnagar, Pangal Road, Nalgonda, Nalgonda District. 3 S. Muralidhara Chary, S/o. Ramachandra Chary, R/o. H.No. 6-6-64/5, Sreeramanagar Colony, Pangal Road, Nalgonda, Nalgonda District (AP) 4 M.A. Quayyam, S/o. M.A. Raheem, R/O. H.No. 4-10475, Siddartha Colony, Devarakonda Road, Nalgonda (AP) 5 P. Madhusudhana Reddy, S/o. P. Anantha Reddy, R/o. H.No. 6-6-219, C./o. Gowthami Model School, Ravinder Nagar, Nalgonda District. 6 K. Seetha Rama Murthy, R/o.H.No. 6-6=-166, Viveknagar, Nalgonda, Nalgonda District (AP). 7 V. Krishnaiah, S/o. V. Narsimha, R/o. H.No. 3-7-91, Linewadi Street, Nalgonda, Nalgonda District. (AP) 8 S. Bikshapathi, S/o. Soma Lingam, R/o. H.No. 4-10-243, Sriramnagar Colony, Devarakonda Road, Nalgonda, Nalgonda District. (AP) .....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 orderor direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'bl;e A.P. Admn. Tribunal, Hyderabad passed in O.A.No. 2325/2008 dated 01-04-2008 as being erroneous, illegal an 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 : ORDER: (Per GM,J) The order dated 01-04-2008 in O.A.No.2325 of 2008 on the file of the Andhra Pradesh Administrative Tribunal is under challenge in this writ petition. 2. The respondents herein are the applicants in O.A.No.2325 of 2008. They filed the O.A. seeking the following relief. “It is therefore prayed that this Hon’ble Tribunal in the interest of justice be pleased to call for records relating to and connected with Memo No.A1/874/2007 dated 31.12.2007 of the 2nd respondent and declare the decision of respondents to reject the claim of applicants for restoration of pay fixation and refund of amount recovered from them as a consequent to the judgment in O.A.No.6853/2002 dated 18.11.2004 rendered in the case of Mr.M.Janardhan as illegal, arbitrary, discriminatory and unconstitutional and consequently to direct the respondents to restore the pay fixation on par with junior and to refund the amount recovered from the applicants with interest at 12% per annum from the date of recovery till the date of payment and pass such other order or orders as may be deemed fit and proper in the circumstances of the case.” It is the case of the applicants that one Mr.M.Janardhan was junior to them and when the department revised his pay, he approached the Tribunal by filing O.A.No.6853 of 2002 and got favourable orders with regard to refund of such amounts recovered from him along with interest at 9% per annum and therefore they are entitled to the similar relief. 3. The Tribunal, while passing the impugned order in O.A.No.2325 of 2008, observed that the subject matter of the O.A. is squarely covered by the order passed by it in O.A.No.6853 of 2002 dated 18-11- 2004 and accordingly disposed of the O.A. by the impugned order in terms of the order passed in O.A.No.6853 of 2002 dated 18-11-2004. 4. The Tribunal, while passing the order in O.A.No.6853 of 2002 dated 18-11-2004, had considered that as per G.O.Ms.No.117 dated 25-05-1981 a Government employee who completes 15 years of service in a particular post as on 31st August of each year shall be eligible for promotion to the next higher post in the regular line of promotion from the post held by him, and that, as the applicant therein is fully qualified for holding the said promotion post under the service rules as he had passed the Accounts Test for Subordinate Officers Part-I and as he had completed 15 years of service in the cadre of Lower Division Accountant, he was rightly granted the Special Promotion Post Scale-I in the year 1990 and as such held that the recovery made by the respondents therein from the retirement benefits is arbitrary and unjust and directed the respondents therein to refund the excess amount recovered from the applicant therein along with interest at 9% per annum from the date of recovery till the date of payment and also directed to pay the interest on the delayed payment of pension at the rates admissible as per rules. 5. The learned Government Pleader fairly conceded that the order passed by the Tribunal in O.A.No.6853 of 2002 dated 18-11-2004 reached finality. 6. Having regard to the facts and circumstances of the case and since the impugned order is squarely covered by the order by the Tribunal in O.A.No.6853 of 2002 dated 18-11-2004, which has attained finality, we are not inclined to interfere with the impugned order passed by the Tribunal, 7. The writ petition fails and is accordingly dismissed. No order as to costs. __________________________ GHULAM MOHAMMED, J _____________________________ B.SESHASAYANA REDDY, J 26th November 2008 CVRK