Chunchu Venkata Lakshmi v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.C. BHANU AND THE HON'BLE MRS JUSTICE ANIS WRIT PETITION No.18781 OF 2015 ORDER: (per Hon'ble Sri Justice K.C.Bhanu) This Writ Petition, under Article 226 of the Constitution of India, is filed to call for the records relating to the order, dated 01.05.2015, in M.A (SR) No.3352 of 2015 in Original Application (SR) No.3351 of 2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal') and quash the same and consequently, to direct the respondents to consider the case of the petitioners for regularization in terms of G.O.Ms.No.212, dated 22.04.1994, with all consequential benefits.

2. Petitioners herein/applicants filed the aforesaid Original Application to declare the action of the respondents in not regularizing their services pursuant to the order, dated 09.08.2012, in Original Application No.12470 of 2009 passed by the Tribunal, as arbitrary and illegal and consequently, to direct the respondents to regularize their services pursuant to the order, dated 09.08.2012.

3. The Tribunal, upon perusing the material on record, rejected O.A (SR) vide impugned order, dated 01.05.2015. Operative portion of the impugned order reads as follows: "Failure to take prompt action for enforcing previous order will not clothe the applicants with a fresh cause of action to maintain this Original Application. The previous Original Application bars the present application.

Therefore, the Tribunal finds that this Original Application is not maintainable."

Challenging the same, the present Writ Petition is filed by the

petitioners/applicants.

4. Petitioners cannot be permitted to file successive Original Applications for self same relief. The earlier Original Application No.12470 of 2009 filed by them was already disposed of by the Tribunal on 09.08.2012. For the self same relief, petitioners filed the present Original Application (SR) No.3351 of 2015. Filing of second Original Application is barred by principle of res judicata. That is the reason why the Tribunal rightly rejected the Original Application (SR) No.3352 of 2015 at the stage of admission and that order needs no interference by this Court.

5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_______________________ JUSTICE K.C. BHANU _______________ JUSTICE ANIS JUNE 25, 2015 YVL THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON'BLE MRS JUSTICE ANIS

WRIT PETITION No.18781 OF 2015 DATE: 25.06.2015 YVL