IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 29222 of 2008 Between: Bollam Prabhakar S/o.Bollam Yellaiah Ramasagar, Resident of Ramasagar, Kodimal-Mandal Karimnagar District ..... PETITIONER AND 1 The chief Executive Officer, zilla Parishad Karimnagar 2 The Deputy chief Executive Officer, Zilla parishad Karimangar 3 S.Rajaiah S/o,Not known Resident of tadikal village, Shankarpatnam Mandal, Karimnagar district 4 R.Laxminarayana s/o.Not known Resident of Tadikal village Shankarpatnam Mandal Karimnagar District .....RESPONDENT(S) 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 to issue an appropriate writ more in the nature of writ of Certiorari calling for the records pertaining to OA No.794 of 2003 dated 13.4.2008 on the file of the AP Administrative Tribunal, Hyderabad and quash the same as being passed in a mechanial way without properly appreciating the true facts of the case and the legal proposition and consequently direct the respondent Nos.1&2 to re-instate the petitioner into the service with all consequential benefits and issue such other writ or order or directions as deemed fit and proper in the circumstances of the case Counsel for the Petitioner:SRI.B.KRANTHI KIRAN Counsel for the Respondent No.: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.29222 OF 2008 ORDER: (Per GM,J) This writ petition is filed seeking to quash the order of the Andhra Pradesh Administrative Tribunal (for short, ‘the Tribunal’) in O.A.No.7594 of 2003 dated 30.04.2008. The petitioner claims that he was appointed as an Attender on 15.07.1999 under a limited recruitment and was working as such from 19.07.1999 in Upper Primary School, Ramasagar, Kodinel Mandal, Karimnagar District. It is stated that based on the order of the Tribunal in O.A.No.4789 of 1999 dated 23.06.2000, to which the petitioner is not a party, directing re-examination of the selection process, the petitioner was given a notice on 19.01.2001 to show cause as to why his services should not be terminated on the ground that he scored less marks than applicants 1 and 2 therein in the qualifying examination i.e. VII Class. The petitioner submitted his explanation and furthermore, he filed O.A.No.8343 of 2001 praying that the order in O.A.No.4789 of 1989 may be recalled, which was finally disposed of on 23.04.2002 directing the Deputy Chief Executive Officer to examine the marks obtained by the petitioner as well as applicants 1 and 2 in O.A.No.4789 of 1999 and issue appropriate orders as per the merit obtained by them. Aggrieved thereby, the petitioner filed W.P.No.24499 of 2003 before this Court, which was disposed of on 21.11.2003. In the meanwhile, pursuant to another notice dated 27.10.2003 issued by the second respondent, he appeared before the second respondent and submitted a representation but without considering his representation properly, the second respondent by proceedings No.A3/4825/99 dated 13.11.2003 terminated his services. Assailing the same, he filed O.A.No.7594 of 2003 and the Tribunal by order dated 30.04.2008 dismissed the said O.A., which is now impugned in the present writ petition. Heard Sri B.Kranti Kiran, learned counsel for the petitioner and the learned standing counsel for Zilla Parishads and Mandal Praja Parishads, Telangana Region. The learned counsel appearing for the petitioner submitted that in an identical matter in W.P.No.21921 of 2008, this Court while dismissing that writ petition made an observation to the effect that the petitioner was at liberty to make a representation to the first respondent therein within a period of one month from the date of receipt of a copy of the order for considering his case in any existing vacancy and if any such representation was made, the same should be disposed of in accordance with law uninfluenced by the dismissal of that writ petition and sought a similar observation in this writ petition while dismissing the same. The learned standing counsel for Zilla Parishads and Mandal Praja Parishads, Telangana Region, submitted that the order dated 30.09.2008 passed by this Court earlier in writ petition No.21921 of 2008 was not challenged before the Supreme Court and that she has no objection if the present writ petition was dismissed in the manner in which the earlier writ petition was dismissed. Having due regard to the submissions made on either side and considering the fact that the order dated 30.09.2008 passed earlier by this Court in W.P.No.21921 of 2008 has become final, we deem it appropriate to dismiss this writ petition mutatis mutandis in terms of the earlier order dated 30.09.2008 of this Court passed in W.P.No.21921 of 2008. Accordingly, this writ petition is dismissed at the stage of admission. However, the petitioner is at liberty to make a representation to the second respondent within a period of one month from the date of receipt of a copy of this order for considering his case in any existing vacancy and if any such representation is made, the same shall be disposed of in accordance with law uninfluenced by the dismissal of the writ petition. No order as to costs. ___________________________ GHULAM MOHAMMED, J. _____________________ SANJAY KUMAR, J. 20th January, 2009. VGSR