IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD 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 : 12527 of 2008 Between: The Commissioner, Nellore Municipality, Nellore, Nellore District. Now Nellore Municipal Corporation, Nellore, Nellore District Rep. by the Commissioner. ..... PETITIONER AND 1 Md. Yousuf Shareef, S/o. Md. Mohd. Shareef, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 2 N. Muni Krishna, S/o. N. Muni Swamy, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 3 D. Venugopal Rao, S/o. Kodanda Ramaiah, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 4 K. Tiruapthi, S/o. Venakataiah, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 5 D. Neerajaksha, S/o. D. Jayaram, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 6 A. Ajanta, W/o. Prasad Reddy, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 7 M. Sudhakar Reddy, S/o. Vengala Reddy, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 8 Y. Madusudan Rao, S/o. Raghuramaiah, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 9 P. Srinivasa Rao, S/o. Muddukrishnaiah, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 10 Md. Sagar Subhani, S/o. Md. Ismail, R/o. Nellore Municipal Corporation, Nellore, Nellore District. 11 The State of Andhra Pradesh, Rep. by its Secretary, MA & UD Department,Secretariat Buildings, Hyderabad. 12 The State of Andhra Pradesh, Rep. by its Secretary, Finance & Planning Department, Secretariat Buildings, Hyderabad. 13 The Commissioner & Director of Municipal Administration, Opp: PTI Building, A.C. Guards, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Certiorari or any other appropriate Writ, order ro direction, calling for the records pertaining to the order dated 18-1-2008 passed in O.A.No. 4010/2002 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same. Counsel for the Petitioner: MR.A.SREEDHAR Counsel for the Respondent No.: . The Court made the following : ORDER (PER HON’BLE SRI JUSTICE GHULAM MOHAMMED): This writ petition has been filed by the petitioner with a prayer to quash the order dated 18.01.2008 passed in O.A.No.4010 of 2002 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The respondents 1 to 10 herein filed O.A.No.4010 of 2002 before the Andhra Pradesh Administrative Tribunal, Hyderabad, seeking to regularize their services as per G.O.Ms.No.212 Finance & Planning (FW.PCIII) Department, dated 22.04.1994 without insisting for the existing vacancies as was done in the case of other Municipalities vide G.O.Ms.No.1, M.A., dated 01.01.1998. The Tribunal disposed of the said O.A by order dated 18.01.2008. The relevant portion of the order dated 18.01.2008 reads as hereunder: “Hence, the Tribunal doth hereby adjudicate upon the O.A., but, without costs to any of the parties thereto, as under:- (I) Direct the concerned Respondents 1 to 4, as the case may be, to, examine and consider, separately, the respective claims of Applicants 1 to 10, for regularization of their respective services, in terms of G.O.Ms.No.212, dated 22.04.1994, of the Finance and Planning Department, and G.O.Ms.No.1, dt.1.1.1998, of the Municipal Administration Department, vis-à- vis., the other allied G.Os., if any, applicable thereto, and, later, to pass appropriate, written reasoned, (speaking) Orders, separately, in respect of each of Applicants 1 to 10. (II) The directions covered by sub-para (I), supra, shall be complied with, without fail, by the concerned Respondents 1 to 4, as the case may be, at an early date, and, in any case, within a period of, not later than 60 days, after receipt of a copy of the present Orders, and, thereafter, within 10 days, the same shall be communicated, separately, to each of the Applicants 1 to 10, under their respective, separate, proper, written acknowledgements, under their, respective, signatures; and (III) The Interim Orders, dated 19.4.2002, referred to in Para.8, supra, shall continue to be in force, till the concerned Respondents 1 to 4, as the case may be, comply with the directions covered by sub-para. II, supra.” The main grievance of the petitioner-Corporation is that it has no jurisdiction to regularize the services of the applicants in the O.A. and the competent authority is the Government and that the petitioner- Corporation has to send the proposals to the Government for examining the case of the applicants in the O.A. for regularization of their services. 3. Heard learned counsel appearing for the parties. 4. Learned standing counsel appearing for the petitioner- Corporation submits that the petitioner-Corporation has no jurisdiction to regularize the services of the applicants in the O.A. and the competent authority is the Government and that the petitioner- Corporation is preparing the proposals to send to the Government for examining the case of the applicants in the O.A. for regularization of their services in terms of G.O.Ms.No.212 Finance & Planning (FW.PCIII) Department, dated 22.04.1994. 5. Recording the above submission, this Writ Petition is disposed of directing the petitioner-Corporation to send the proposals to the Government for regularization of the services of the respondents 1 to 10 herein within four weeks from today and thereafter, the Government shall examine the proposals and dispose of the same in terms of G.O.Ms.No.212 Finance & Planning (FW.PCIII) Department, dated 22.04.1994, within two weeks. No costs. ________________________ JUSTICE GHULAM MOHAMMED __________________________ JUSTICE B.SESHASAYANA REDDY Date:23rd December, 2008. Tnb/cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}