IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 11521 of 1999 Between: T.Sardar Singh S/o.Bhagawan Singh Relation Dept, A.P M.J.Road Hyderabad ..... PETITIONER AND 1 The Director of Info & Public Relation Dept Relation Dept, A.P., M.J.Road Hyderabad- 500001 2 The Registrar of A.P.A.D.T Hyderabad .....RESPONDENTS 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 issue an appropriate writ, order or direction more particularly on in the nature of Writ of Certiorari to call for the records leading to the judgment of the Hon'ble Tribunal in proceedings No.24518/Admi.4 -3/93 Dt: 19-7-94 in O.A.No.7384 of 1994 dt 30-7-1997 and quash the same by holding it as illegal with the direction to the respondents to reinstate the petitioner into service with all consequential benefits and pass such other or further order. Counsel for the Petitioner:MR.V.JAGAPATHI Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :11521 of 1999 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order passed in O.A.No:7384 OF 1994 on 30.7.1997 by the A.P. Administrative Tribunal and to direct the respondents to reinstate the petitioner into service with all consequential benefits. The petitioner herein is the applicant before the tribunal and he has filed the present O.A. seeking to quash the proceedings No:24518/Admn IV-3/93, dated 19.7.1994 of the respondent and direct the respondent to reinstate the applicant as driver in the office of the respondent with all consequential benefits. The tribunal having observed that as the applicant is willing to make an application for appointment as driver, the 1st respondent is directed to consider the case of the applicant as driver keeping in view of the decision of the apex Court and when the steps are taken by him to fill up any existing vacancies of drivers of his office, due consideration shall be given to the applicant for the past service rendered by him in Setwin and also in the office of the Director of Information and Public Relations, disposed of the O.A. Having aggrieved by the same, the present writ petition is preferred by the applicant. Heard the learned counsel and perused the entire material available on record as well as the order impugned. The order impugned goes to show that on the representation that the post of driver is still vacant in the office of the Director of Information and Public Relations and the applicant is willing to make an application for the vacant post and therefore, a direction may be given to the Director of Information and Public Relations to consider his case for appointment as driver, the tribunal has directed the 1st respondent to consider the case of applicant for appointment as driver keeping in view the judgment of the apex Court and that as and when the steps are being taken to fill up any existing vacancies of drivers in the office, due consideration has to be given to the applicant for the past service rendered by him in Setwin and also in the office of the Director of Information and Public Relations. But, peculiarly, without availing the remedy that has been granted by the tribunal, the applicant has approached this Court and therefore, the approach itself is nothing but a premature one. We see no merits in this writ petition and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _______________________ Justice T.Meena Kumari ______________________ Justice S.Ashok Kumar Dated:02.04.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :11521 of 1999 (Division Bench Order delivered by the Honourable Smt. Justice T.Meena Kumari) 02/04/2008