IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.24119 of 1999 Between: M.Koteswara Rao S/o.Venkatramana Antimaleria Unit Gajuwaka. ..... PETITIONER AND 1 The Commissioner & Director of Municipal Administration M.C.H., Tankbund Hyderabad. 2 The Commissioner Gajuwaka Municipality Gajuwaka Visakhapatnam Municipality 3 The Gajuwaka Municipal Council Rep.by its Chairperson Gajuwaka Visakhapatnam Dist. 4 The T.Narsinga Rao S/o.Appa Rao Gajuwaka Municipality Gajuwaka Visakhapatnam District. 5 The Registrar A.P.Administrative Tribunal Hyderabad. .....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 declaring the order dt.11-10-1999 passed in O.A.No.5897/99 by the A.P.Administrative Tribunal, as it is violative of Art.14 & 16 of the Constitution of India and against the Rules and set aside the same by holding it as unjust and contrary to the Rules and direct the respondent-1 to 3 to implement the orders issued in G.O.Rt.No.783, M.A. Dt.15-10-1999 by appointing the petitioner as Health Assistant at Gajuwaka Municipality and pass such other order or orders Counsel for the Petitioner:MR.M.RATNA REDDY Counsel for the Respondent No.: MR.E.SAMBASIVA PRATAP The Court made the following : ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Aggrieved by the order of the A.P. Administrative Tribunal, Hyderabad (for short ‘Tribunal’) in O.A.No.5897 of 1999 dated 11-10-1999, the present writ petition is filed. A direction is also sought to the respondents to implement the orders issued in G.O.Rt.No.783, dated 15-10-1999, by appointing the petitioner as Health Assistant in Gujuwaka Municipality. This Court, by order in WPMP.No.30322 of 1999 dated 06-12-199, suspended the order of the Tribunal in O.A.No.5897 of 1999 dated 11-10-1999 and subsequently, the same was extended until further orders. Since the petitioner has already been appointed and is working in the cadre of Health Assistant, we are not inclined to interfere with the finding recorded by the Tribunal and the official respondents are directed to consider the representation purported to have been filed by the fourth respondent. While confirming the order of the Tribunal, we make it clear that the appointment of the petitioner already made shall not be disturbed till the representation of the fourth respondent is disposed of. With the above observation, the writ petition is dismissed. No order as to costs. _______________________ GHULAM MOHAMMED,J ____________________ C.V.RAMULU,J Dt:02-07-2008 usd