HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZUL PURKAR W.P.Nos. 10410 and 10411 OF 2009 COMMON ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) These two Writ Petitions have been filed questioning the common order, dated 06.05.2009 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad in O.A.Nos. 5818 and 5933 of 2009, suspending the operation of G.O.Ms.No. 262, dated 17.06.2006 and further directing that the persons appointed between 1990 and 1995 shall be given seniority from the date of joining for effecting promotions to the next higher post and their promotion shall be ad hoc subject to further orders in the O.As. The petitioners herein were appointed as Assistant Executive Engineers in 1997 and 1998, pursuant to the notification issued by the Andhra Pradesh Public Service Commission in the year 1995 and their services were regularized in April 2008. It is the case of the petitioners that the Government issued G.O.Ms. No. 234, Panchayat Raj & Rural Development Department, dated 27.06.2005 for regularization of the services of the persons, who were appointed as Assistant Executive Engineers within the period from 1990 to 1995 and continuing as such as on the date of issuance of the said G.O., below the last regular candidate of the category Assistant Executive Engineer, excluding the said posts from the purview of APPSC under the proviso to Clause 3 of Article 320 of the Constitution of India. It is stated that the services of all temporary Assistant Executive Engineers were regularized, in pursuance of the Government Orders dated 27.06.2005, after the last regular candidate appointed by the APPSC in 1997 and regularized in April 1998. While the matter stood thus, the persons appointed on temporary basis during the years 1990-92, made representations to the Government for regularization of their services below the last regular Assistant Executive Engieer appointed through APPSC prior to promulgation of Act 2 of 1994 i.e. 25.11.1993. Acceding to the said request, the Government issued G.O.Ms. No. 262, Panchayat Raj & Rural Development (Estt.III) Department, dated 17.06.2006, directing regularization of the services of temporary appointees between 1990-92 after the last regular candidate appointed earlier to Act 2 of 1994. Since the temporarily recruited persons during the said period were becoming seniors to them, by virtue of the said G.O., the petitioners have challenged the same by preferring O.A.No. 6423 of 2007 and batch before the Tribunal and it is pending. In the meantime, the temporary appointees in the cadre of Assistant Executive Engineers appointed between 1993-95 filed O.A.Nos. 5818 and 5933 of 2009, questioning G.O.Ms. No. 262, dated 17.06.2006, on the ground that there cannot be any further classification amongst the temporary appointments made between 1990 and 1995. The Tribunal, while admitting the said O.As., passed the impugned order. Hence, the Writ Petitions. On the other hand, learned counsel for the applicants before the Tribunal submits that as per the aforesaid G.O., the services of the temporary Assistant Executive Engineers, who have been appointed between 1990 and 1995 are required to be regularized after the last regular candidate appointed earlier to promulgation of Act 2 of 1994. Admittedly, the writ petitioners have been appointed in 1997, pursuant to the notification issued by the Public Service Commission in 1995 and their services were regularized in April 1998. The Government issued G.O.Ms.No. 234, dated 27.06.2005 for regularizing the services of the temporary appointees appointed during the years 1990-95 below the last regular candidate appointed by APPSC. Further, the Government, while issuing G.O.Ms. No. 262, dated 17.06.2006 made it clear that the temporary Assistant Executive Engineers appointed during the period 1990- 92 have to be placed before the last regular candidate appointed prior to the promulgation of Act 2 of 1994. As per the said G.O., certain temporary appointees, who were regularized subsequent to the writ petitioners appointed by way of direct recruitment, are getting seniority. At this stage, we are not inclined to express any opinion regarding the factual matrix of the case, inasmuch as the O.As. filed questioning the legality and validity of G.O.Ms.No. 262, dated 17.06.2006 are pending before the Tribunal. However, a perusal of the impugned order clearly shows that pending O.As., the Tribunal has not only suspended G.O.Ms. No. 262, but also directed that pending further orders, the candidates appointed between 1990 and 1995 shall be given seniority from the date of their appointment for effecting promotion to the next higher post, which amounts to granting the main relief itself, without impleading the affected persons as parties to the said proceedings. Therefore, we are of the opinion that it is just and proper to set aside the impugned order and remand the matter to the Tribunal to hear the Government as well as the writ petitioners and other direct recruitees, who have already filed implead petitions thereat. It is also open for the writ petitioners to file the petitions seeking their impleadment to the proceedings before the Tribunal. For the reasons stated supra, without expressing any opinion on merits of the matter, we set aside the impugned order and direct that the Tribunal may hear the O.As. and pass appropriate orders thereon, after affording opportunity to all the parties concerned. We direct that the status quo obtaining as on today shall be maintained regarding the promotions till the orders considered appropriate on the O.As. are passed. The Writ Petitions are accordingly allowed. No costs. ------------------------- (V. ESWARAIAH, J) ----------------------------------- (VILAS V. AFZUL PURKAR,J) 17th August 2009 ksld