IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 1914 of 2008 Between: 1 The Superintending Engineer, Telugu Ganga Project Circle, Nellore, Nellore District. 2 The Executive Engineer, Division No.1 Telugu Ganga Project, Nellore,Nellore District ..... PETITIONERS AND Shaik Dssthagiri Ahmed Typist O/o Executive Engineer, Division, No.I, TGP. Nellore. .....RESPONDENT 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 a writ order or direction more particularly one in the nature of Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A. No. 5973/2000 dated 24-07- 2007 as being erroneous, illegal, and unreasonable and quash the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: GP FOR SERVICES II Counsel for the Respondent No.:No appearance . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 1914 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order of the tribunal passed in O.A.No:5973 of 2000 on 24.7.2007. Originally, the respondent herein who is the applicant has filed the O.A. seeking a direction to the respondents therein to continue the applicant in service on the ground that he is discharging his duties from April 1989 onwards uninterruptedly as typist and to declare the action of the respondents in seeking to retain juniors and terminating his services without considering his claim for regularization and payment of salary, as illegal and arbitrary. On 28.9.2000, the tribunal has issued an interim direction. Subsequently, the respondents therein have filed V.M.A.No:563 of 2000 and on the request made by the learned counsel for the applicant-respondent herein and the learned G.P., the tribunal has closed the O.A with an observation that the interim orders dated 28.9.2000 are made as final orders to continue the applicant as long as junior to the applicant is continued. Challenging the said order, the present writ petition is filed by the petitioners- respondents therein. Heard the learned G.P and perused the entire material available on record as well as the order impugned. When this writ petition is taken up for hearing, it is submitted by the learned G.P. appearing on behalf of the petitioners-respondents therein that liberty may be given to the Department to advertise the regular posts in accordance with law and the rules in existence. In the peculiar facts and circumstances of the case as well as the exigency in the administration, without expressing any opinion on the merits of the case, We feel it appropriate to give liberty to the Department to issue an advertisement/notification for the regular posts. However, it is made clear that the applicant-respondent herein is at liberty to apply for the post, if he is otherwise eligible, on the advertisement/notification issued by the Department. Subject to the above direction, this writ petition is disposed of. No costs. ________________________ Justice T.Meena Kumari ______________________ Justice G.Chandraiah Dated:7.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 1914 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 07/03/2008