Smt. Mohammed Doulathunisha v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 5440 of 2018 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This matter is taken up for disposal at the admission stage itself with the consent of the learned counsel for both the parties.

The writ petition is filed for the following substantive relief:

" .....to issue a Writ of Mandamus directing the respondents to reinstate the petitioner into service with effect from 22.11.2015 with back-wages and also to fix the petitioner's seniority based on the Common Merit List as directed by this Court in W.P.No. 8732 of 2017 and batch dated 04.10.2017 in respect of 17 Extension Officers (Grade-II) / Supervisors, who were appointed along with the petitioner by modifying the order dated 04.08.2016 made in O.A.No. 7093 of 2015 passed by the A.P. Administrative Tribunal." Similarly situated persons filed W.P.Nos. 8732 of 2017 and batch, and this Court, by Common Order dated 04.10.2017, made the following observations:

" Therefore, in the interest of justice, while setting aside the impugned common order dated 04.08.2016 passed by the Tribunal in O.A.No. 6797 of 2015 and batch, following order is passed. i) Writ Petition No.2210 of 2017 filed by the Government is dismissed.

ii) Writ Petition Nos. 8648, 8732, 8733, 8734, 8765, 8809, 9732, 9744, 9839, 9840, 9841, 9842, 11448, 11821, 13591 and 13608 of 2017 are allowed and the petitioners who are working as Extension Officers (Grade-II) / Supervisors shall be continued in their

SKK,J & AKS,J WP_5440_2018 posts and the unofficial respondents shall be reinstated into service w.e.f. 22.11.2015 with back-wages. The inter se seniority of these writ petitioners and the unofficial respondents shall be fixed based on the common merit list.

iii) It is made clear that this order is confined only to the present batch of writ petitions."

It is not in dispute that the aforesaid order was confined only to the petitioners therein. It is also not in dispute that the petitioner did not file any writ petition at that time against the order dated 04.08.2016 made in O.A.No. 6811 of 2015.

However, keeping in view the averments made in the writ affidavit and in the interest of justice and equity, we hereby direct the respondents to consider the petitioner's case on par with other petitioners as directed by this Court in the Common Order dated 04.10.2017 passed in W.P.No. 8372 of 2017 and batch.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 20.02.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj