APHC010101542021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION Nos.5944 of 2021 & 29707 of 2023 Between: (W.P. No.5944 of 2021) K.Rama Krishna, S/o.Sunkanna, Age 52 years, Occ: Cook, Government B.C. Boys Hostel, Banda Atmakur Village & Mandal, Kurnool District. ...Petitioner AND 1. Sri D.Subbaiah Gr.I Warden, B.C. Boys Hostel, Annaparru, Pedanandipadu Mandal, Guntur District. ...Respondent Counsel for the Petitioner : Mr.T.S.N.Sudhakar Counsel for the Respondents: G.P. for Services III The Court made the following COMMON ORDER: (per Hon’ble NJS,J) Seeking implementation of the orders dated 05.10.2018 in O.A. No.2238 of 2018 on the file of the erstwhile A.P. Administrative Tribunal at Hyderabad Writ Petition No.5944 of 2021 has been filed. Challenging the very same order, the State filed Writ Petition No.29707 of 2023. 2. The applicant in the O.A., moved the Tribunal to declare the action of the respondent authorities in regularizing his services with prospective effect as illegal, arbitrary and for a consequential direction to regularize his services from the date of completion of five years of service for the purpose of pensionary benefits without any monetary benefits in terms of the judgment of the Hon’ble Supreme Court in Civil Appeal No.6318/2011 dated 17.8.2015 and also common order dated 02.5.2018 in W.P. 2 WP_5944_2021_29707_2023 No.33936 of 2011 and batch in the case of Government of Andhra Pradesh vs. N.Venkaiah, reported in 2018(4) ALT 6 (D.B.). 2. Heard Mr.T.S.N.Sudhakar, learned counsel for the writ petitioner/ applicant. Also heard Mr.Kocharla Kota Ramalingeswara Rao, learned Government Pleader for Services–II appearing for the State. 3. Referring to W.P.No.29707 of 2023 filed by the State, learned counsel for the respondent/applicant submits that earlier against the very same orders in O.A. No.2238 of 2018, the Government filed Writ Petition No.21578 of 2021 and a Division Bench of this Court vide order dated 29.9.2021 dismissed the same. He submits that in such circumstances, subsequent writ petition i.e., W.P. No.29707 of 2023 challenging the very same order in the O.A., is not maintainable and liable to be dismissed. 4. The learned Government Pleader while fairly accepting the said submission states that by oversight it appears, the subsequent writ petition is filed challenging the very same order. No material is placed which goes to show that the order in W.P.No.21578 of 2021 had attained finality. Be that as it may. 5. Having perused the order dated 29.9.2021 in Writ Petition No.21578 of 2021, we are inclined to dismiss Writ Petition No.29707 of 2023. It may not be out of place to mention that the decision of the Hon’ble Division Bench in N.Venkaiah (referred supra) relied on by the Tribunal was approved by the Hon’ble Supreme Court. 6. In so far as Writ Petition No.5944 of 2021 is concerned, in the light of the dismissal of Writ Petition No.21578 of 2021 which remained unchallenged, the order of the Tribunal in O.A. No.2238 of 2018 had attained finality. Therefore, Writ Petition No.5944 of 2021 filed by the applicant seeking implementation of the order in O.A. No.2238 of 2018 deserves to be allowed. 3 WP_5944_2021_29707_2023 7. Accordingly, Writ Petition No.5944 of 2021 is allowed. Considering the submission made by the learned Government Pleader, four weeks’ time is granted for implementing the orders of the Tribunal in O.A. No.2238 of 2018. Writ Petition No.29707 of 2023 is dismissed. No order as to costs in both the cases. Miscellaneous petitions pending, if any, shall stand closed. ____________________ NINALA JAYASURYA,J _____________________________ TUHIN KUMAR GEDELA,J September 09, 2025 vasu