IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 18631 of 1999 Between: 1 K.Lingamaiah S/o.Balappa O/o.District Collector Mahaboobnagar, Mahaboobnagar District 2 P.Seshagiri S/o.Babu Rao O/o.District Collector Mahaboobnagar, Mahaboobnagar District 3 K.KRISHNA MURTHY S/o.Suryanarayana O/o.District Collector Mahaboobnagar, Mahaboobnagar District 4 T.Indrasena Reddu S/o.Ramchandra Reddy O/o.District Collector Mahaboobnagar, Mahaboobnagar District 5 M.A.Rab S/o.M.A.Hafeez O/o.District Collector Mahaboobnagar, Mahaboobnagar District 6 Abdul Sharif S/o.Iqbal O/o.District Collector Mahaboobnagar, Mahaboobnagar District 7 D.Ramachandra Chary S/o.Venkat Chary O/o.District Collector Mahaboobnagar, Mahaboobnagar District 8 M.Venkata Ramulu S/o.Chinnaiah O/o.District Collector Mahaboobnagar, Mahaboobnagar District 9 M.Anantha Reddy S/o.Narasimha Reddy O/o.District Collector Mahaboobnagar, Mahaboobnagar District 10 Pavan Kumar S/o.Satyanarayana O/o.District Collector Mahaboobnagar, Mahaboobnagar District 11 A.Venkata Reddy S/o.Sai Reddy O/o.District Collector Mahaboobnagar, Mahaboobnagar District ..... PETITIONER(S) AND 1 The State of Andhra Pradesh rep.by its Secretary Revenue (Ser.IV) Department, A.P.Secretariat, Hyderabad 2 The District Collector Mahabubnagar Dist., Mahabubnagar 3 P.Narasimha Rao Sr.Revenue Inspector (CS) M.L.A's Point Mahaboobnagar Mahaboobnagar Dist 4 J.Pandaiah Senior Assistant MROs office Devarakonda Mahaboobnagar Dist 5 J.Narasimhulu Senior Assistant MROs office Midgil Mahaboobnagar Dist 6 Parsu Ram Senior Assistant RDOs office Mahaboobnagar Mahaboobnagar Dist 7 B.Suryaprakash Specicial RI (ROR) MROs office Devarakonda Mahaboobnagar Dist 8 Registrar A.P.Administrative Tribunal, Hyderabad .....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 issue a writ, order in direction especially one in the nature of certiorari calling for the records from the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad pertaining to OA.No.3526/95 with M.A.No.141/99 and its order dt.4/08/1999 and set aside the same and pass such other order. Counsel for the Petitioner: MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah) The petitioners on obtaining leave questioned the order of the Administrative Tribunal in O.A.No.3526 of 1995, dated 4.8.1999. The said O.A. was filed by unofficial respondents 3 to 7 questioning the order of the Government in G.O.Ms.No.280 Revenue (Ser.IV) Department, dated 9.6.1995, with regard to the fixation of seniority based on the ranking given by the District Selection Committee along with communal roaster. The said G.O. was questioned on the ground that one Md.Basheeruddin, an ex-service man, who was appointed on 1.6.1974 and whose services were terminated on 30.11.1976, questioned the said action before the Tribunal in R.P.No.266 of 1976 which was allowed by the Tribunal on 14.11.1978 and he joined duty on 28.12.1979 and accordingly the Government issued G.O.Ms.No.221 dated 8.2.1985 reckoning his seniority from 1.6.1974 to 30.11.1976 for all purposes i.e., pension, leave and increments in continuation with the subsequent spell of service ignoring the interruption from 1.12.1976 to 27.12.1979 and that his seniority be fixed from the date of his first appointment i.e., 1.6.1974. For extending the same benefits, the unofficial respondents filed the said O.A.No.3526 of 1995. The Tribunal allowed the said O.A. setting aside the order of the Government in fixing seniority based on the ranking given by the Selection Committee in G.O.Ms.No.280, dated 9.6.1995, on the ground that the unofficial respondents are also entitled to be treated on par with the said Md.Basheeruddin for fixing their seniority from the date of their first appointment. Questioning the said order of the Tribunal, this writ petition has been filed by obtaining leave. It is stated that though the petitioners placed over and above the unofficial respondents by virtue of their ranking given by the Selection Committee, they are sought to be reverted. This Court while admitting the writ petition directed that the petitioners shall not be reverted from the post which they are holding as on 20.9.1999 until further orders and the said order has been made absolute by order dated 16.2.2001. Learned counsel appearing for the unofficial respondents submits that he is unaware whether the unofficial respondents are still in service or already retired and most of them might have been retired. However, in W.P.No.17559 of 1999 filed by the applicants in the said O.A.No.3526 of 1995, this Court by order dated 3.9.1999 directed to give effect to the orders of the Tribunal dated 4.8.1999 in the said O.A. and accordingly the Government issued Memo. No.64522/Ser-IV-2/99- 3, dated 26.11.1999, for implementation of the orders of the Tribunal in so far as the applicants in the said O.A. alone are concerned, pending disposal of this writ petition. Learned counsel for the petitioners submits that the unofficial respondents are not entitled for the same benefit as that of the said Basheeruddin in whose favour the Government issued G.O.Ms. No.221, dated 8.2.1985, being the exserviceman and he was erroneously removed from service on the ground that he was not selected by the District Selection Committee, but whereas the petitioners and unofficial respondents are selected by the District Selection Committee. It is stated that taking into consideration the earlier orders of this Court and the Tribunal, the Government issued G.O.Ms.No.280, dated 9.6.1995, and therefore the order of the Tribunal dated 4.8.1999 in setting aside the said G.O., is illegal and unsustainable. As the Government has not unsettled the seniority fixed by the District Selection Committee as per G.O.Ms.No.280, dated 9.6.1995, in so far as the applicants are concerned and the said order of the Tribunal was implemented in so far as the applicants alone and the grievance of the applicants is already worked out without affecting the seniority of the petitioners and other similarly situated persons, the writ petition is disposed of clarifying that the order of the Tribunal shall be implemented in so far as the applicants in the said O.A., alone and G.O.Ms.No.280, dated 9.6.1995, shall be operated in respect of others. It is stated that most of the unofficial respondents might have been retired from service. But, in the cause title in O.A.No.3526 of 1995 their ages, fathers’ names and residential addresses have not been furnished. Time and again, this Court would be finding it difficult for want of details of the applicants, whether they have been retired from service or not. Therefore, we feel it just and proper to direct the A.P. Administrative Tribunal to ensure that the full particulars of the applicants such as age, father’s name, residential address etc., are furnished in all O.As., to be filed hereinafter. This portion of the order shall be communicated to the Registrar of the Tribunal. The writ petition is disposed of to the extent indicated above. No order as to costs. ________________ V.ESWARAIAH, J. ____________________ P.SWAROOP REDDY, J. 10.7.2009 kpr