THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD W.P.No.26274 of 2008 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking a writ of certiorari assailing the order, dated 29.01.2008, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) dismissing O.A.No.1362 of 2005 filed by the petitioner seeking to declare the proceedings dated 23.07.2001 issued by the third respondent, as illegal and arbitrary. 2. The brief facts of the case are that the petitioner was appointed as Police Constable on 14.10.1995 subject to condition that he should pass language test in Telugu conducted by Andhra Pradesh Public Service Commission (A.P.P.S.C) within the period of probation, and he was allotted to 1st Battalian. After completion of his training, he was transferred from one place to another. While so, the third respondent issued proceedings, dated 23.07.2001, discharging him from service for not passing the language test in Telugu within the period of probation, which was though extended from time to time. Challenging the said proceedings, he filed O.A.No.1362 of 2005 before the Tribunal, which in turn dismissed the same. Aggrieved by the same, the petitioner filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I. 4. Learned counsel for the petitioner contended that as the petitioner was posted to extremist areas, he has not passed the language test in Telugu before the cut off date i.e, 01.07.2001. He further contended that though he passed the said test after the cut off date, the Tribunal dismissed the O.A. without taking into consideration the fact that A.P.P.S.C conducted test in the month of November, 2001. Learned counsel produced a copy of order, dated 09.04.2010, by which the third respondent reinstated the similarly situated employee into service, in pursuance of the order, dated 01.02.2010 passed by the Tribunal in O.A.No.861 of 2007 and therefore, he prays to consider the case of the petitioner for reinstatement. 5. A perusal of the order, dated 09.04.2010, passed by the third respondent, clearly shows that one Sri Ram Ganesh Murthy, Ex Police Constable, has been reinstated into service in pursuance of the order, dated 01.02.2010, passed by the Tribunal in O.A.No.861 of 2007 though he passed the required language test in Telugu conducted by A.P.P.S.C in the month of January, 2003 after cut off date i.e., 01.07.2001. Since the petitioner has passed the said test in the month of November, 2001 and his case is also identical with that of Sri Ram Ganesh Murthy, we deem it appropriate to direct the third respondent to consider the case of the petitioner for reinstatement into service. 6. In view of the above, the Writ Petition is allowed and the order impugned is set aside. The third respondent is directed to reinstate the petitioner into service in terms of the order, dated 01.02.2010 passed by the Tribunal in O.A.No.861 of 2007. No order as to costs. _____________________ GHULAM MOHAMMED,J _____________________ G.BHAVANI PRASAD, J Date:03.06.2010. sj