IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15088 of 2008 Between: K. Vasantha Rao, S/o. Sree Ramulu, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Govt. of Andhra Pradesh, Rep by its Secretary Medical and Health Department, Secretariat, Hyderabad. 2 The Director of Medical and Health Department, Andhra Pradesh, Hyderabad. 3 The District Medical and Health Officer, Krishna at Machilipatnam. 4 The District Malaria Officer, Krishna District, at Machilipatnam. .....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 or order or direction especially one in the nature of Writ of Certiorari calling for the records of the orders passecd in OA No. 4974 of 2000 dated 5-12-2002 on the ﬁle of the AP Administrative Tribunal Hyderabad and quash the same and further declare the GO Rt.No. 984 Health Medical & Family Welfare (J2) dated 27-7-2000 and the consequential orders of the 3rd respondent in Rc.No. 4902/M2/92 dated 7-3-2003 as illegal, arbitrary and set-aside the same and grant Counsel for the Petitioner:MR.CH.RAVINDER Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.15088 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order dated 05-12-2002 passed in O.A.No.4974 of 2000 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The details necessary for disposal of the writ petition are that V.R.G.Prasad, K.Vasantha Rao (petitioner herein) Ch.C.V.R. Prasad and P.Srinivasa Rao, ﬁled the above O.A. seeking to declare G.O.Rt.No.984 dated 27-7-2000 as illegal and arbitrary and set aside the same and for a further direction to oﬃcial respondents to regularise their services. By the said G.O., the petitioner and the said persons were terminated from service and the Tribunal after considering the rival contentions, upheld the G.O. Aggrieved thereby, applicant No.2 filed this writ petition. 3. Heard learned counsel for the petitioner and learned Government Pleader and perused the material on record. 4. Learned counsel for the petitioner contended that the other applicants ﬁled writ petitions and they have succeeded and reinstatement was ordered. On the other hand, learned Government Pleader has not disputed that the other applicants have been reinstated into service, but the petitioner’s case will be considered subject to availability of vacancy. 5. At the outset. it is to be noted that V.R.G.Prasad, who is applicant No.1 in O.A., ﬁled Writ Petition No.136 of 2003 challenging the order passed by the Tribunal in O.A.No.4974 of 2000 dated 05-12-1992. The said writ petition was allowed following the judgment of the Division Bench in W.P.No.18420 of 2003 dated 02-11-2006 thereby setting aside the order passed by the Tribunal in O.A.No.4974 of 2000 and directing the oﬃcial respondents to reinstate V.R.G.Prasad into service forthwith, but without any back wages. Likewise, Ch.C.V.R. Prasad, who is applicant No.3 in the O.A., ﬁled W.P.No.18420 of 2003, which was allowed thereby quashing the said G.O. and directing the oﬃcial respondents to reinstate him into service forthwith, but without back wages. Even the fourth applicant (P.Srinivasa Rao) preferred Writ Petition No.20453 of 2005, which was allowed in terms of the judgment, dated 02-11-2006 in W.P.No.18420 of 2003. 6. Under the above circumstances and as the petitioner is also similarly situated as that of the other three applicants, in O.A.No.4974 of 2000, whose writ petitions, as stated above, were allowed, this writ petition is also liable to be allowed in terms of the order in W.P.No.18420 of 2003, dated 02-11-2006. 7. Accordingly, the writ petition is allowed in terms of the said order and the order impugned dated 05-12-2000 in O.A.No.4974 of 2000 is set aside and consequently G.O.Rt.No.984 dated 27-7-2000 is also set aside insofar as the petitioner herein is concerned, and direct the respondents to reinstate the petitioner into service, but without any back wages. No costs. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 15-07-2008 bsc