HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.11942 of 2011 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the validity and legality of the order, dated 14.02.2011, passed in O.A.No.6187 of 2008 on the file of the A.P. Administrative Tribunal, Hyderabad, wherein and whereby the said O.A. was allowed by the Tribunal in terms of the orders of the Tribunal in O.A.No.5018 of 2006 and batch. Learned counsel for the petitioner contended that the petitioner was appointed as Assistant Executive Engineer in the year 1990 on regular basis; that the Government vide G.O.Ms.No.262, Panchayat Raj and Rural Development (Estt.III) Department, dated 17.08.2006, has framed a scheme for regularization of the services of the temporary employees appointed prior to promulgation Act 2 of 1994 and hence, the case of the petitioner does not squarely come within the purview of the said G..O., as the same deals only with temporary Assistant Executive Engineers appointed prior to promulgation of Act 2 of 1994 and that the Tribunal erred in allowing the said O.A. in terms of its orders passed in O.A.No.5018 of 2006 and batch. Heard learned counsel for the petitioner and learned Government Pleader for Services-II appearing for the respondents. The petitioner filed the said O.A. challenging the proceedings, dated 04.10.2007, of the first respondent whereby his regularization was rejected. However, the Tribunal observing that the case of the petitioner is squarely covered by the case of the applicants in O.A.Nos.5818 of 2009 and batch, allowed the said O.A. filed by the petitioner in terms of the orders passed by it in O.A.No.5018 of 2006 and batch. The Tribunal has not adjudicated the matter on merits, i.e., keeping in view that the petitioner was appointed as Assistant Executive Engineer on regular basis and that he is entitled for regularization in terms of original orders of appointment. But, the Tribunal merely following the judgment rendered by it in other O.As., allowed the O.A. filed by the petitioner in terms of the orders, passed by it in O.A.No.5018 of 2006 and batch, which according to the petitioner, is not at all totally applicable but only partially applicable to his case. In view of the aforesaid facts and circumstances, the writ petition is allowed, setting aside the impugned order and the matter is remanded to the Tribunal to adjudicate the case of the petitioner keeping in view that he was appointed as Assistant Executive Engineer in the year 1990 on regular basis and dispose of the said O.A. as expeditiously as possible. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ___________________________ JUSTICE K.G.SHANKAR​ 22nd June 2011 DR