THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.26497 and 26500 of 2010 Between: The State of A.P. represented by Its Principal Secretary, Panchayat Raj & Rural Development Department, Secretariat, Hyderabad and others .... PETITIONER(S) AND .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.26497 and 26500 of 2010 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) Writ Petition No.26497 of 2010 has been filed challenging the orders dated 15-6-2010 passed in O.A.No.3645 of 2010, whereas Writ Petition No.26500 of 2010 has been filed challenging the order dated 7-6- 2010 passed in O.A.No.2900 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The facts in both the writ petition stand on same footing. Insofar as Writ Petition No.26497 of 2010 is concerned, the 1st respondent-applicant filed O.A.No.3654 of 2010 before the Tribunal challenging the action of the respondents authorities in not appointing him as Panchayat Secreaty and not granting his pay and allowances under 010 account through treasuries as illegal and arbitrary. 3. The 1st respondent-applicant in Writ Petition No.26500 of 2010 was initially engaged as Electrician- cum-Pump Driver by the Sarpanch, Gram Panchayat, Huzurabad, with effect from 1-5-1989 on a consolidated pay of Rs.650/- per month and that subsequently he was absorbed in the converted post of Electrician-cum-Fitter in the time scale of Rs.1425-2525 and was transferred to Gram Panchayat, Jammikunta and is being paid the salaries out of the Gram Panchayat funds. The 1st respondent- applicant therefore filed O.A.No.2900 of 2010 assailing the proceedings dated 22-4-2010 of the 3rd petitioner herein wherein the request of the 1st respondent for payment of salary through treasuries was rejected. 4. The Tribunal on adjudication of the matter by its separate orders in two O.As., held that the applicants- respondent are entitled to be paid salaries along with all consequential benefits like posting as Panchayat Secretary in terms of the orders in O.A.NO.2638 of 2008 dated 22-1-2009. Hence, these writ petitions by the Government. 5. Learned Government Pleader for the writ petitioners submitted that since the respondents in the above writ petitions have been working in the non- provincialized posts, their salaries cannot be paid from the grants of the Government. Since the Government issued orders vide G.O.Ms.No.354 dated 16-9-2008 and G.O.Ms.No.221 dated 13-7-2009 for payment of salaries to the provincialized staff only, through treasuries with effect from 1-4-2009, the services of the respondents- applicants since not been provincialized, salaries have to be paid from out of the Gram Panchayat funds only. 6. Countering the above submission learned counsel for the applicants vehemently contended that since the services of the applicants were regularized, hence, for all practical purposes they are the permanent employees and entitled for all regular service benefits. Learned counsel for the respondents-applicants sought to rely on certain documents in support of the contention that the persons who were appointed after the applicants were receiving salaries through 010 accounts and that whenever appointments were made to the regular posts by the competent authority the same should be treated as provincialized. 7. Considering the submission of the learned Government Pleader that without giving sufficient opportunity to the respondents in the O.A. the O.A. was allowed at the admission stage, and that now the respondents-applicants also sought to rely on certain documents, in the circumstances without expressing any merits or otherwise of the matter, the impugned order is set aside and the matter is remitted back to the Tribunal for fresh disposal in accordance with law. The parties are at liberty to put forth all their claims before the Tribunal and the Tribunal shall adjudicate and decide the matter afresh within a period of eight weeks from today. No costs. 8. Subject to above directions, the Writ Petitions stand allowed. No costs. ________________________ GHULAM MOHAMMED, J. ________________ K.G.SHANKER, J. 9-3-2011 KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.26497 and 26500 of 2010 9-3-2011