IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.24890 of 2008 Between: 1 B.V. Sarma S/o. Veera Raghavaiah E.E. Addl. Charge, S.S.P. Division-I Somasila, Nellore District. 2 T. Audi Seshaiah S/o. T. Venkata Subbaiah S.P. Sub Division, Podalakuru, Nellore District. 3 P. Nagul Meera Saheb S/o Meera Saheb SSLC & SB Sub Division, Nayudupeta, Nellore District. 4 M. Srinviasa ReddyS/o. Anji Reddy S.P. Sub Division, Kaluvoi Nellore District. ..... PETITIONERS AND 1 The Government of A.P. Rep. by its Prl. Secretary, I & CAD Department, Secretariat, Hyderabad. 2 The Engineer-in-Chief, Administration Wing Government of A.P., Errammanzil, Hyderabad. 3 The Secretary A.P.P.S.C., Government of A.P. Hyderabad. 4 K. Krishna Murthy S/o. and age not known O/o. SSLC & SB Circle Nellore, Nellore District. 5 K. Venkateswarlu S/o. and age not known O/o. Q.E. Sub Division, Nellore, Nellore District. 6 D. Krishnaiah S/o. and age not known G.N.S.S. Sub Division, Tirupathi, Chittoor District. 7 E. Ratnaiah S/o. and age not known S.S.L.C. & S.B. Sub Division, K.R. Dam 8 Sk. Muneer Basha S/o. and age not known O/o. S.S.L.C. & S.B. Sub Division-2 K.R. Dam .....RESPONDENTS 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 issue writ order or direction more particularly one in the nature of writ of Mandamus to direct the respondents to call for the records relating to O.A. No 8652/08 and G.O.Ms.No.674 G.A. (M.C.I) Dept., dt. 7-9-2007 and consequential G.O.Ms.No.240/Irrigation & CAD (SER.VIII.A1) Department dt. 3-12- 2007 and G.O.Ms.No.15 Irrigation & CAD (SER.VIII.A1) Department dt. 4-2-2008 and declare the action of the Respondents in issuing the same as illegal, arbitrary, violation of Presidential Order and violation of Articles 14, 16 and 21 of the Constitution of India and pass Counsel for the Petitioners: MR.C.SRINIVASA BABA Counsel for the Respondent Nos.1 and 2: GP FOR IRRIGATION & COMM AREA DEV. Counsel for the Respondent No.3: MR.M.VIJAY KUMAR, S.C FOR A.P.S.R.T.C. Counsel for the Respondent Nos.4 to 8: The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.24890 of 2008 ORDER: (per the Hon'ble Sri Justice Ghulam Mohammed) This writ petition is filed for issuance of writ of mandamus to direct the respondents to call for the records relating to O.A.No.8652 of 2008 and G.O.Ms.No.674 G.A. (M.C.I) Department, dated 7.9.2007 and consequential G.O.Ms.No.240/Irrigation & CAD (SER.VIII.A1) Department dated 3.12.2007 and G.O.Ms.No.15 Irrigation & CAD (SER.VIII.A1) Department dated 4.2.2008 and to declare the action of the respondents in issuing the same as illegal, arbitrary, violation of Presidential Order and violation of Articles 14, 16 and 21 of the Constitution of India. It is stated that the petitioners are working as Deputy Executive Engineers and that they are eligible and qualified for promotion. It is also stated that they were subjected to injustice under the grab of implementing G.O.Ms.No.610, G.A (SPF-A), dated 30.12.1985, since they were appointed prior to 08.01.2002 i.e., prior to issuance of G.O.Ms.No.8, dated 08.01.2002 and G.O.Ms.No.124, dated 07.03.2002. While so, the Government has surprisingly issued G.O.Ms.No.674, dated 07.09.2004 with regard to review of appointments by direct recruitment, which reads as under: “Government have now decided that the non-local candidates appointed in deviation of the Presidential Order, as identified by the respective departments by reviewing the direct recruitments made from 1975 onwards be repatriated to their respective local cadres to which the candidates would otherwise belong to.” Challenging the said G.O.Ms.No.674, dated 07.09.2004, the petitioners approached the Tribunal and filed the above said O.A. The Tribunal, while admitting the said O.A, ordered notice to respondents, so as to enable them to contest the matter and file counter-affidavit. Having heard the learned counsel on either side, and having regard to the facts and circumstances of the case, we are of the view that there is no need to adjudicate the matter on merits, inasmuch as there is no conclusion or determination made by the Tribunal on merits adjudicating the issue involved in this case. The writ petition is accordingly dismissed. However, the Andhra Pradesh Administrative Tribunal, Hyderabad is directed to dispose of O.A.No.8652 of 2008, considering the validity or otherwise of G.O.Ms.No.674, dated 07.09.2007, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. A copy of this order is directed to be marked to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. GHULAM MOHAMMED, J B.SESHASAYANA REDDY, J Date: 18.11.2008 va