IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.11903 of 2009 Between: 1 K.RamamurthySarma S/o.K.Ramalingeswara Rao H.No.5-2-18/1 Chandranagar Colony,HMT Road Chintal,Hyderabad-500054 2 Syed Maqbool S/o.Syed Jaleel Quarter No.F-161 KTPS B Khammam District ..... PETITIONERS AND 1 The Ordinance Factories Board rep.by its Director General of Ordinance Factories Ministry of Defence Government of India 10-1 Shadhid Kahudiram Bose Road Calcutta-700001 2 The Greater Manager Ordinance Factory Project Ministry of Defence Government of India Yeddumailaram Medak District-502205 .....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 direction order or writ more particularly one in the nature of writ of Certiorari(a) calling for the all the relevant records relating to and connected with the order in Original Application No 181 of 2008 dt 15-07-2008 on the file of the Learned Central Administrative Tribunal, Hyderabad Bench Hyderabad Bench Hyderabad, and set aside the same as being unsustainable (b) also declare the action of the respondents in not considering the case of the petitioners herein being recruited in the respondent factory as arbitrary illegal unjust and violative of Articles 14 and 16 of the Constitution of India and (c) further direct the respondents to consider the cases of the petitioners being found fit appoint them on the selection process on 24-04-2008 were appointed (d) declare that the petitioners are entitled to all the benefits including seniority and monetary benefits that would flow from out such a declaration and direction as sought for supra and direct the respondents to release the same. Counsel for the Petitioner:MR.SIVA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.11903 of 2009 ORDER: (per the Hon’ble Sri Justice P.Swaroop Reddy) This writ petition is filed questioning the order, dated 15- 07-2008 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short “the Tribunal”), made in O.A.No.181 of 2008. The petitioners filed the said O.A. seeking to declare the action of the respondents herein in not considering their claim for selection to the post of Welder (Semi Skilled) in the respondent Factory as ex-trade apprentices, as illegal and arbitrary and consequently to direct the respondents to consider the claim of the petitioners for recruitment to the post of Welder (Semi Skilled) as ex-trade apprentices, as per their seniority, suitability and eligibility with all consequential benefits. The Tribunal by order, dated 15-07-2008, disposed of the said O.A., which reads as follows:- “Learned counsel for the applicant absent. We have perused the orders of this Tribunal. Reply has been filed. The application itself has become infructuous as by the date of interim order the interviews have already been over and therefore the question of implementing the interim order does not arise.” As contended by the learned counsel for the petitioners, in our opinion, the O.A. has not become infructuous, as the request is to consider the case of the petitioners as and when vacancies arise and it is not confined to any particular recruitment. As seen from the impugned order, it was an ex-parte order, as the counsel for the petitioners is absent. Therefore, we deem it appropriate to set aside the impugned order and remit the matter to the Tribunal for the purpose of considering the same afresh and for passing appropriate orders in accordance with law, after giving reasonable opportunity to both the parties. Accordingly, the writ petition is allowed setting aside the impugned order, dated 15-07-2008, made in O.A.No.181 of 2008 and the matter is remitted to the Tribunal to consider afresh and pass appropriate orders in accordance with law, after giving reasonable opportunity to both the parties, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 18-06-2009 Note: Issue C.C. in two days (B/o) Prv