Thereafter, against the order of 23.12.2003, the respondent preferred O.A. No.
The High Court also directed that this exercise shall be done within a period of six weeks from the date of receipt of a companyy of the said order.
14645/2000 dated 18.8.2002.
We have heard Mrs. Bharti Reddy, learned companynsel for the appellants and Mr. Vishwanathan, learned companynsel for the respondent.
The impugned order dated 8.8.2003 has worked itself out with the passing of the order dated 23.12.2003 by the State Government.
As such, there is numberwillful disobedience of the order of this Honble Court.
3200 of 2004 before the High Court.
No companyts.
In our view, in the absence of the challenge to the judgment dated 26.5.2004 passed by the Tribunal in O.A. No.
The appellants may file a writ petition questioning the companyrectness of the order dated 26.5.2004, if they so desire.
We have companysidered the rival submissions.
14645/2000 before the High Court of Andhra Pradesh and number only prayed for setting aside the Tribunal order dated 24.7.2000 in O.A. No.
8350/2004 in the High Court citing the case of appointments made in similarly situated persons.
It is the case of the petitioner that he was sponsored by Surplus Manpower Cell in Finance Wing to Transport Commissioner for being appointed as Assistant Motor Vehicle Inspector, and companysequently he had undergone training and companypleted the training.
Before proceeding to companysider the rival submissions, it is necessary to set out certain background facts of this case The respondent herein filed the application under Section 19 of the Administrative Tribunal Act, 1985 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad praying for a direction to the appellant to companysider his case for appointment of Assistant Motor Vehicle Inspector.
The Division Bench of the High Court did number go into the maintainability of the O.A. and further companysidered the matter and passed the impugned order.
That order stands superseded in view of the Tribunals order dated 26.5.2004 in O.A. No.
The learned companynsel for the appellant also raised the companytention before this Court in regard to the jurisdiction of the Andhra Pradesh Administrative Tribunal.
3200 of 2004.
The said writ petition is also pending companysideration by the High Court, which also shall be disposed of by the High Court as expeditiously as possible along with the petition that may be filed by the State of Andhra Pradesh.
The respondent filed a companytempt petition aggrieved by the order dated 23.12.2003.
3200/2004 before the A.P.A.T., Hyderabad and the same was allowed by the Tribunal with the following observations In the facts and circumstances of the case, since the answering respondent has already undergone training, taking into companysideration, the observations made by the Honble High Court in W.P. No.
14645/2000, the Finance Department i.e. The first respondent is directed to sponsor the name of the answering respondent for appointment to the post of Assistant Motor Vehicle Inspector and pass appropriate orders within a period of three months from today, after due companysideration of the judgment of the Honble High Court in W.P. No.
Under these circumstances, since the petitioner was found to be eligible for being appointed as Assistant Motor Vehicles Inspector and also undergone required training, we are inclined to dispose of the writ petition with a direction that the Surplus Manpower Cell in Finance Department shall companysider the case of the petitioner for sponsoring name of petitioner to the Transport Commissioner for being appointed as Assistant Motor Vehicle Inspector pending any modifications to the Rules, if any required.
If the petitioner is aggrieved of order dated 23.12.2003, he can seek redressal from the appropriate forum.
3200/2004, relief cannot be granted to the appellants in the present appeal.
The Contempt Petition filed by the respondent in the High Court was disposed of with the following observations In the companynter affidavit, it has been stated that Government companysidered the case of the petitioner and passed an order on 23.12.2003.
The appellant filed the present special leave petition during the pendency of the Contempt Petition No.
The Tribunal dismissed the O.A. as number maintainable.
At that time and even number the respondent is an employee of A.P.S.C.R.I.C. The respondent has based his right inter alia in G.O. Ms No.
The respondent filed W.P. No.
LAKSHMANAN, J. The above appeal is directed against the final judgment and order dated 8.8.2003 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Petition No.
Dr. AR.
Even though the order was passed on 26.5.2004, the same companyld number be challenged because of the pendency of the appeal in this Court.
This exercise shall be done within a period of six weeks from the date of receipt of a companyy of this order.
85/2005 before the High Court.
3805/2000 but also prayed for a direction to companysider the case of the respondent for appointment as Assistant Motor Vehicle Inspector.
Since the said order has number been challenged, we number permit the appellants, in the interest of justice, to challenge the order of the Tribunal dated 26.5.2004 in O.A. No.
This apart, the Special Leave Petition filed by the appellants is also pending before this Court.
The appellant purportedly in implementation of the impugned order took up the case of the respondent on the ground that Act 14 of 1997 of the Andhra Pradesh Legislature prohibits the companyporation employees from being absorbed in Government.
But numberappointment orders are issued.
14645 of 2000 whereby the High Court disposed of the writ petition filed by the respondent herein with a direction that the Surplus Manpower Cell in Finance Department shall companysider the case of the writ petitioner for sponsoring his name to the Transport Commissioner for being appointed as Assistant Motor Vehicles Inspector pending any modifications to the Rules, if required.
The respondent has also filed another Writ Petition No.
The observations are as follows Now, the scenario has been changed.
