IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 28310 of 2008 Between: 1 The District Collector, Chittoor, Chittoor District. 2 The Joint Collector, Chittoor, Chittoor District. 3 The Tahsildar / MRO, Pedda Tippa Samudram Mandal, Chittoor. ..... PETITIONER(S) AND K. Lakshmi Narasimulu Working as Village Servant of Rangasamudram, Pedda Tippa Samudram Mandal, Chittoor District. .....RESPONDENT 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 or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the A.P. Administrative Tribunal passed in O.A.No.6916/2008 dated 20.10.2008 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . WRIT PETITION NO : 28324 of 2008 Between: 1 The District Collector Chittoor Chittoor District. 2 The Joint Collector Chittoor Chittoor District. 3 The Tahsildar / MRO. Pedda Tippa Samudram Mandal Chittoor. ..... PETITIONER(S) AND M. Venkata Ramana Thummarakunta (V), Pedda Tippa Samudram Mandal, Chittoor District. .....RESPONDENT 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 or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A.No. 6917/2008 dated 20-10-2008 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . WRIT PETITION NO : 28868 of 2008 Between: 1 The District Collector Chittoor Chittoor District. 2 The Joint Collector Chittoor Chittoor District. 3 The Tahsildar / MRO. Pedda Tippa Samudram Mandal Chittoor. ..... PETITIONER(S) AND M. Venkata Ramana Thummarakunta (V), Pedda Tippa Samudram Mandal, Chittoor District. .....RESPONDENT 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 or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A.No. 6918/2008 dated 20-10-2008 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . WRIT PETITION NO : 28879 of 2008 Between: 1 The District Collector Chittoor, Chittoor District. 2 The Joint Collector Chittoor, Chittoor District. 3 The Tahsildar/MRO, Pedda Tippa Samudram Mandal, Chittoor. ..... PETITIONER(S) AND V.Srinivasulu Pedda Tippa Samudram Mandal, Chittoor District. .....RESPONDENT 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 or direction more particularly one in the nature of "Writ of Certiorari calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A.No.6920/2008 dated 20.10.2008 as being erroneous, illegal and unreasonable and quash the same and pass such other order or orders. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : COMMON ORDER: (Per Sri V.Eswaraiah, J.) All these writ petitions arise out of a common order passed by the Andhra Pradesh Administrative Tribunal in O.A.Nos.6916 of 2008 and batch, dated 20.10.2008, filed by the respondents assailing the common proceedings dated 1.7.2008 passed by the 3rd petitioner herein and therefore they are being heard and disposed of by a common order. The applicants/respondents herein were appointed as temporary Village Servants on different dates mentioned below: S.No. O.A.NO. Date of Appointment Temporary appointment Dist. Collector Order Termination order 1 6916/08 1.9.1999 31.05.2007 18.6.2008 1.7.2008 2 6917/08 1.3.2000 31.10.2007 18.6.2008 1.7.2008 3 6918/08 2002 31.05.2007 18.6.2008 1.7.2008 4 6920/08 1.10.1996 31.05.2007 18.6.2008 1.7.2008 The said O.As are filed by the respondent in each of the writ petition questioning the similar and common orders passed by the Tahsildar, Pedda Tippa Samudram Mandal, Chittoor, the 3rd petitioner herein removing the respondents from service with effect from 1.7.2008 vide orders in Roc.C/5/2008 dated 1.7.2008 on the ground that as per the proceedings of the District Collector, Chittoor, in Roc.A7/14772/ 2008, dated 18.6.2008, there is a ban for appointment of Village Servants and therefore the appointment orders appointing the respondents are accordingly cancelled. The said proceedings passed by the 3rd petitioner in removing the respondents from service were questioned before the Andhra Pradesh Administrative Tribunal. The Tribunal by a common order dated 20.10.2008 set aside the said proceedings and allowed the O.As directing the petitioners herein to re- induct the applicants-respondents into service and continue them forthwith. Aggrieved by the said orders, the Department i.e., the District Collector, Chittoor, the Joint Collector, Chittoor and the Tahadildar/MRO, Pedda Tippa Samudram Mandal, Chittoor, filed these writ petitions. The undisputed facts are that the 3rd petitioner terminated the services of the respondents pursuant to the orders of the District Collector dated 18.6.2008 without giving any notice and without following the principles of natural justice. It is the case of the respondents that they were initially nominated or appointed on different dates as referred to in the table. It is not in dispute that the termination orders of the 3rd petitioner pursuant to the orders of the 1st petitioner are issued without giving any notice or without following the principles of natural justice. Therefore, we are of the opinion that the Tribunal rightly set aside the said orders. The learned Government Pleader appearing for the petitioners submits that admittedly the said termination orders are issued without following the principles of natural justice and the appointing authority cannot be prevented from initiating enquiry and pass appropriate orders in accordance with law. We are also of the opinion that it is always open for the appointing authority to conduct enquiry whether their initial nomination/temporary appointment was legal and valid and whether they are entitled to be continued as per their appointment orders are to be enquired into after giving reasonable opportunity to the respondents. It is the case of the respondents that most of them are appointed in place of their respective parents and clear vacancies are available and they are rendering services from 1996 onwards. We are not inclined to go into the merits of each case and it is open for the petitioners to conduct enquiry and pass appropriate orders in accordance with law, if they so choose. The writ petitions are accordingly disposed of. No order as to costs. ______________ V.ESWARAIAH, J. ____________________ P.SWAROOP REDDY, J. 22.6.2009 kpr