IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH 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.11618 of 2009 Between: 1 The Prl. Secretary to Governor, Raj Bhavan, Hyderabad. 2 The State of Andhra Pradesh, represented by its Principal Secretary to Government General Admn. (Poll.A) Department, Secretariat, Hyderabad. ..... PETITIONER(S) AND Syed Ahmed Chand Raj Bhavan, Hyderabad. .....RESPONDENT 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 an appropriate Writ or direction more particularly one in the nature of writ of certiorari calling for records relating to the orders of the A.P. Administrative Tribunal, passed in O.A.No.339 of 2000, dt. 08.09.2003 and to quash or set aside the same by holding it as erroneous and contrary to law. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.11618 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the order, dated 08-09-2003, passed by the A.P.Administrative Tribunal, Hyderabad (for short “the Tribunal”), in O.A.No.339 of 2000, whereby and whereunder the said O.A. filed by the respondent herein was allowed directing the petitioners herein to fix the pay scale of the respondent at the appropriate place in the revised pay scales starting from 1986 to 1999 and arrange to pay the consequential benefits including the arrears, in view of the relaxation order passed by the competent authority i.e., the 1st petitioner herein, relaxing the required rule of having three years practical experience. The undisputed facts are that the respondent was appointed as a Plumber in the scale of Rs.740-1150 by the proceedings of the 1st petitioner dated 19-04-1990. For appointment of a Plumber, three years practical experience is required. But, the respondent did not produce relevant experience certificate. However, the 1st petitioner relaxed the requirement of having three years experience in respect of the respondent vide proceedings C.No.11602/E/93-H, dated 15-12- 1994. It is not in dispute that the 1st petitioner is the competent authority to relax the rules and accordingly he relaxed the required rule of having three years practical experience in respect of the respondent vide proceedings C.No.11602/E/93-H, dated 15-12-1994. Once the competent authority has given relaxation, there is no need to ratify the said relaxation by the Government and, therefore, the Tribunal held that the respondent is entitled for the pay scale of Rs.1010-1800 of the 1986 revised pay scales with effect from 20-04- 1990 and for the further corresponding pay scales in the years 1993 and 1999 and accordingly directed the petitioners to fix the pay scale of the respondent at the appropriate place in the revised pay scales starting from 1986 to 1999 and arrange to pay the consequential benefits including the arrears. In view of the aforesaid facts and circumstances of the case, we are of the opinion that the Tribunal rightly fixed the pay scale of the respondent and, therefore, we do not see any infirmity either legal or otherwise in the impugned order so as to call for interference by this Court under Article 226 of the Constitution of India, more so, when the petitioners have chosen to approach this court after six years of the disposal of the O.A. Therefore, the writ petition is devoid of merit and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 16-06-2009 Prv