HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G. CHANDRAIAH W.P. No. 18821 of 2011 DATED: 11.07.2011 Between: 1. The Principal Secretary to Government 2. The Director .. Petitioners And 1. Smt. Sadeen Tahya, Tailoring Instructor 2. A.P.A.T., Hyderabad .. Respondents O R D E R:- (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the order dated 29.12.2005 passed in O.A .No. 8786 of 2005 by the Andhra Pradesh Administrative Tribunal, Hyderabad. The Tribunal, while disposing of O.A. No. 8786 of 2005, made the following order: “The learned counsel for the applicant submits that this matter is covered by the Orders of this Tribunal issued in O.A. No. 11076 of 2002, dated 11.12.2002. Heard the learned Government Pleader. On verification, I am satisfied that the subject matter of this O.A., is squarely covered by the subject matter in O.A. No. 11076 of 2002. As it is covered by the orders passed in O.A. No. 11076 of 2002, this O.A. is also disposed of following the identical lines given in O.A. No. 11076 of 2002. The office is directed to enclose a copy of the Order dated 11.12.2002 issued in O.A.No. 11076 of 2002 to this Order.” The learned Government Pleader for Services – I appearing for the writ petitioners has contended that the respondent-applicant, by the time O.A. No.8786 of 2005 was disposed of at the admission stage, was working on hourly basis, but the order in O.A. No.11076 of 2002, which was referred by the respondent-applicant before the Tribunal claiming that his case is squarely covered by that order, is with regard to daily wages, and the Tribunal, without verifying as to whether the matter is squarely covered by the order referred by the petitioner or not, and without affording any opportunity to the Government to put forth their version, disposed of the application, as such, the order of the Tribunal is liable to be set aside. From a perusal of the impugned order, it is obvious that the Tribunal, having heard the learned Government Pleader, disposed of O.A. No. 8786 of 2005, however as contended by the learned Government Pleader for Services - 1, the Tribunal, without affording any opportunity to the writ petitioners – Government to put forth their version and without verifying as to whether the order sought to be referred by the respondent herein can be made applicable to his case, disposed of the O.A. at the admission stage In the circumstances, this writ petition is allowed and the impugned order dated 29.12.2005 is set aside and the matter is remitted back to the Tribunal with a direction to dispose of O.A.No.8786 of 2005 afresh in accordance with law only after affording reasonable opportunity to the writ petitioners - Government to file their counter affidavit. No order as to costs. _____________________ GHULAM MOHAMMED, J 11.07.2011 _________________ G. CHANDRAIAH, J bcj