Telangana High Court
WP/17688/2004 of The Commissioenr of Commercial Taxes Vs M. Venkat Reddy Senior Assistant on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 17688 of 2004 Between: 1 The Commissioner of
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE G. BIKSHAPATHY
and THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 17688 of 2004
Between:
1 The Commissioner of Commercial
Taxes Andhra Pradesh, Hyderabad
2 The Deputy Commissioner (CT)
Warangal Division, Warangal
AND
..... PETITIONERS
M. Venkat Reddy, Senior Assistant
O/o The Deputy Commissioner (CT) Warangal
.....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue any Writ or proceedings more particularly one in the nature of Writ of Certioraricalling for the records pertaining to the order passed in O.A. No. 6060/1995 on thefile of Hon'ble A.P.A.T. Hyderabad dated: 21-01-2003 and quash the same as illegaland arbitrary.
Counsel for the Petitioners: GP FOR SERVICES II
Counsel for the Respondent : NONE APPEARED
The Court made the following :
ORDER: (Per GB,J):
This writ petition is filed by the Government assailing the order dated 21-01-2003passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.6060of 1995.
2. The matter relates to fixation of seniority in the cadre of Senior Assistant in Zone-V.
3. It was the contention of the petitioners before the Tribunal that their seniority hasto be taken into consideration from the date of appearing for the requisiteexamination but not from the date of declaration of results. However, the Tribunal,after referring to the earlier cases in O.A.No.145 of 1997, dated 17.08.1999, held thatthe date should be reckoned from the last day of the July of the year in which thepetitioners appeared for the examination.
4. In view of the findings recorded by the Tribunal, we do not find any ground tointerfere with the order passed by the Tribunal, which was passed basing on theearlier order.
5. Accordingly, the writ petition is dismissed. No costs.
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Date: 27-12-2004Chvn/Prv
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P.S.NARAYANA, J