IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28175 of 2008 Between: P. Satya Suryanarayana S/o. Viswanatham O & M, Cirlce-II, S.R. Nagar, Hyderabad. ..... PETITIONER AND 1 P. Manohar Babu S/o. Late Pullaiah Hyderabad Metropolitan Water Supply and Sewerage Baord, Hyderabad. 2 The Managing Director, Hyderabad Metropolitan Water Supply and Sewerage Baord, Ameerpet, 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 to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari (i) to call for the records connected with the orders of the Hon'ble A.P. Administrative Tribunal dt. 14.11.2008 in M.A.No.2566/2008 in O.A.No.7861/2008, and quash the same (ii) to allow the M.A.No.2566/2008 in O.A.No.7861/2008; and issue any other appropriate writ, order or direction Counsel for the Petitioner:MR.P.BALA KRISHNA MURTHY Counsel for the Respondent No.: MR.V.SUDHAKAR REDDY The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been field by the applicant in M.A.NO. 2566/2008 in O.A.No. 7861 of 2008 assailing the orders dated 14.11.2008 passed therein, by the A.P. Administrative Tribunal, Hyderabad. The facts in brief leading to filing of this Writ Petition by the applicant in M.A.No. 2566/2008 in O.A.No. 7861 of 2008 are: M.A. has been filed by the applicant to get implead himself in the O.A. The impugned order passed in O.A reads as under: “Sri P. Manohar Babu, Chief General Manager (E) ( on leave) applied for earned leave vide reference 1st cited for one month period from 12.5.2008 and the same was communicated to ENC, PH from this office vide reference 2nd cited. Further, he has extended the earned leave upto 11.7.2008 vide his application 3rd cited which was communicated to ENC, PH vide this office letter 4th cited. Again he has extended the earned leave from 12.7.2008 for further period of 45 days vide his application 5th cited. Meanwhile Sri P. Manohar Babu, CGM (E) (on leave) has submitted his joining report dated 23.7.2008, duly canceling his leave. The same is herewith communicated. In view of the above and as the leave period has already been exceeded (60) days, the Engineer-in-Chief, Public Health, is requested to issue necessary posting orders to Sri P. Manohar Babu, Chief General Manger (E) (on leave) at his end.” The learned counsel appearing for the petitioner submits that the impugned order is passed against the applicant in O.A. by the Managing Director i.e., official respondent herein by directing the applicant therein to report before the Engineer in Chief, Public Health for necessary posting orders. He further submitted that the impugned order issued by the Managing Director i.e., official respondent affect the rights of the applicant in MA. He relied on the judgment of the Division Bench in W.P.No. 26072 of 2005 and batch. On the other hand, the learned counsel appearing for the respondents contended that the applicant in O.A has been working as Chief General Manager since 2004 onwards and his services were absorbed in the Board Services as Deputy Executive Engineer as per the proceedings dated 5.8.1992. Further, the PH & ME Engineers who are working as on 1.11.1989 and opted for absorption belong to Zones 1 to V whose options are to be finalized after obtaining the views of GAD and LAW as per the decision of the Board. The absorption in the Board service has become final, as everything was done as per the procedure prescribed under Section 113 of MWSS Act, 15 of 1989 and the option exercised by the applicant was accepted and he was absorbed way back in 1992 and according to the applicant, he is fully qualified and eligible to be promoted as Director. We have heard both the counsel and also perused the material made available on record. The relevant portion in the judgment of the Division Bench in W.P.No. 26072 of 2005 held as under: “We therefore, conclude, in the light of the foregoing discussion; (i) that all appointments under the Board are required to be made by the Board only and the State of Andhra Pradesh has no authority to make any appointment to any post under the Board. is …… Lastly, we hold that in view of our conclusion that all the appointments made by the State of Andhra Pradesh, subsequent to the constitution of the Board, are illegal…..” Aggrieved by the order passed in W.P.No. 26072 of 2005, the State of Andhra Pradesh approached the Supreme Court and the Supreme Court in Special Leave to Appeal (Civil) Nos. 7290 of 2007, granted interim stay of the repatriation to the Government until further orders. The Tribunal after taking into consideration all the aspects held that while allowing the M.A.No. 2766/2007, no reasons were given and no discussion has been made and the facts of that case and the present case cannot be treated as similar. It also held that as far as the present M.A for impleadment is concerned, the applicant in O.A has filed a counter stating that the applicant in M.A has not specifically stated as to how he is a necessary party to the O.A. In the counter filed in M.A by the applicant in O.A it was stated that any orders passed against the impugned orders in O.A will not affect the applicant in M.A, and therefore, the applicant in M.A has no locus to get impleaded and accordingly, dismissed the M.A. We see no reasons to interfere with the reasoned order passed by the Tribunal under Article 226 of the Constitution of India. We also see no illegality or irregularity in the order passed by the Tribunal. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 29.12.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 P. Manohar Babu S/o. Late Pullaiah Hyderabad Metropolitan Water Supply and Sewerage Baord, Hyderabad. 2 The Managing Director, Hyderabad Metropolitan Water Supply and Sewerage Baord, Ameerpet, Hyderabad. 3. 2CD copies