IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 10434 of 2000 Between: 1 Governmentof Andhra Pradesh, Rep. by its Secretary to Govt. Health, Medical & Family Welfare Department Secretariat Buildings, Hyderabad-500 022. 2 The Director of Medical and Health Services, A.P. Sultan Bazar, Hyderabad-500 195. 3 The District Medical & Health Officer Guntur. 4 The District Malaria Officer Guntur. ..... PETITIONER(S) AND 1 K. Prasad S/o K. Kuchela Rao N.F.C.P.Unit, Sattenapalli, Guntur District. 2 B.V.Lakshmana Rao S/o Late B. Nagabhushanam NFCP Unit, Narasaraopet, Guntur District. 3 K. Suresh S/o K. Venkateswara Rao District Malaria Office 6th Lane, Krishna Nagar, Guntur. 4 B. Nageswar Rao S/o B. Manikya Rao Zonal Office (Malaria), Guntur District. 5 B. Venkateswarlu S/o B. Nagabhushanam N.F.C.P.Unit, Narasaraopet, Guntur District. 6 R. Guru Swamy s/o R. Pitchaiah N.F.C.P.Unit, Sattenapalli, Guntur District. 7 G. Brahma Reddy S/o Late G. Pippa Reddy N.F.C.P.Unit, Sattenapalli, Guntur District. 8 B. Radhakrishna Murthy S/o B. Venkateswara Rao N.F.C.P.Unit, Repalle, Guntur District. 9 G. Giribhushana Rao S/o G. Narasimha Rao N.F.C.P.Unit, Repalle, Guntur District. 10 A.P.Administrative Tribunal Rep. by its Registrar Hyderabad. .....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 issue any Writ, suit or proceedings more particularly one in the nature of 'WRIT OF CERITIORARI' calling for entire records pertaining to order dated 23.11.98 passed in O.A.No.7483/98 on the file of the A.P.Administrative Tribunal, Hyderabad, and quash the same as illegal and arbitrary and pass such other order or orders as this Hon'ble Court may dem fot and proper in the circumstances of the case. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent s: The Court made the following : Form-NIC-OGS/WP{SRAVAN} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE P.SWAROOP REDDY W.P.No.10434 of 2000 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) This writ petition is filed by the State questioning the order of the A.P. Administrative Tribunal passed in O.A.No.7483 of 1998, dated 23- 11-1998. The said O.A. was filed by the un-official respondents herein for payment of Fixed Travel Allowance (F.T.A.) on the ground that the said benefit was extended to the similarly situated persons. The Tribunal disposed of the said O.A. holding that there cannot be any justification in withholding the payment of F.T.A. as long as the respondents worked under the control of the Director of Medical and Health Services, and accordingly directed the petitioners herein to make necessary payments including the arrears and continue to pay F.T.A. as long as the respondents discharged their duties as ‘Insect Collectors’ and ‘Superior Field Workers’. As the said order was not implemented, the un-official respondents filed W.P.No.3549 of 1999 for implementation of the said order of the Tribunal and this Court by order dated 23-03-1999, directed the petitioners 2 to 4 herein to give effect to the said order of Tribunal passed in O.A.No.7483 of 1998, dated 23-11-1998, in terms thereof, within a period of two months, from the date of receipt of a copy of the order. As the order of Tribunal was already given effect to as ordered by the High Court in W.P.No.3549 of 1999, and the said order was passed after hearing the petitioners herein through their counsel, we are of the opinion that it is not necessary to pass any orders on merits in this writ petition, as if any order is passed in this regard, it will amount to modification of the orders of this Court in W.P.No.3549 of 1999, dated 23- 03-1999. In view of the aforesaid facts and circumstances, the writ petition is dismissed. No costs. _____________________ JUSTICE V.ESWARAIAH ___________________________ 23rd July 2009 JUSTICE P.SWAROOP REDDY Kvr