WP/21999/2004 of Ch.Goutham Reddy, Vs T.S.Vijaya Kumar, on 30 December 2004

1. Ch.Goutham Reddy, S/o.Ramchadra Reddy, General Manager (Executive Engineer) O&M Division-III, H.M.W.S. & S.B.Hyderabad.Hyderabad.

2 M.Rama Mohan Reddy, S/o.Late M.Sivarami Reddy, Executive Engineer, Public Health, Tirupati, Chittoor District. Engineer, Public Health, Tirupati, Chittoor District.

..... PETITIONERS

AND

1 T.S.Vijaya Kumar, S/o.T.R.Siva Sankar, E.E.(General Manager) Project Division No.III, H.M.W.S & S.B., Hyderabad.

2 The Govt. of A.P.rep.by its Principal Secretary, Municipal Administration &

U.D.Dept., Secretariat, Hyderabad.

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 writ order or direction more particularly one in the nature of writ of Mandamussetting aside the order dt.17-8-2004 passed by the A.P.Administrative Tribunal inM.A.No.2398/2004 in O.A.No.1251/ 2004 as illegal, arbitrary, violation of articles 14,16 and 21 of the Constitution of India.

Counsel for the Petitioners: MR.C.SRINIVASA BABA

Counsel for Respondent No.1: Mr.T.Suryakaran Reddy.

Counsel for the Respondent Nos.2 and 3: GP FOR MUNCIPAL ADMN. & URBANDEVELOPMENT.

Between:

1 Ch. Goutham Reddy, S/o. Ramachandra Reddy, General Manager (Executive Engineer) O & M Division-III, H.M.W.S & S.B. Hyderabad. 2 M. Rama Mohan Reddy, S/o. Late M. Sivarami Reddy, Executive Engineer, Public Health, Tirupathi, Chittoor District. (Executive Engineer) O & M Division-III, H.M.W.S & S.B. Hyderabad. 2 M. Rama Mohan Reddy, S/o. Late M. Sivarami Reddy, Executive Engineer, Public Health, Tirupathi, Chittoor District.

..... PETITIONERS

AND

1 K. Suresh Kumar, S/o. Buchiramulu, Executive Engineer, O & M division No.8, H.M.W.S. & S.B. Hyderabad.

2 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. Municipal Administration & Urban Development Department, Secretariat, Hyderabad.

.....RESPONDENTS

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 a Writ order or direction more particularly one in the nature of Writ ofMandamus setting aside the Order Dated 17-8-2004 passed by the A.P. Admn.Tribunal in M.A.No. 2401/2004 in O.A.No. 1242/2004 as illegal, arbitrary, violation ofarticles 14, 16 and 21 of the Constitution of India.

Counsel for the Petitioners: MR.C.SRINIVASA BABA

Counsel for Respondent No.1: Mr.T.Suryakaran Reddy Counsel for the Respondent Nos.2 and 3: GP FOR MUNCIPAL ADMN. &URBAN DEVELOPMENT.

The Court made the following:

ORAL ORDER: (per GB.J.)

Both the Writ Petitions can be disposed of by a common order.

2. Both the Writ Petitions are filed against the interim orders passed by A.P.Administrative Tribunal (for short Tribunal) in M.A.No.2398 of 2004 inO.A.No.12521 of 2004 and M.A.No.2401 of 2004 in O.A.No.1242 of 2004, dated 17.8.2004. The Tribunal passed the following order:

“Having regard to the facts and circumstances obtaining in thiscase that the issue has been earlier dealt by this Tribunal at lengthand given findings in O.A.No.2462 of 1997, dated 8.9.1999, thesaid order has become final. Be that as it may, fairly a long timehas been given to the respondents to implement the orders andprepare the seniority list as per the orders of this Tribunal inO.A.No.2462 of 1997, dated 8.9.1999. Inasmuch as this Tribunal atthe stage of admission did restrain itself to concede to the prayermade in this M.A. and enough time of 4 months was granted,nothing appears to have moved in the matter. In the interest ofjustice, the respondents are directed to promote the applicants tothe post of Superintending Engineer in the ensuing vacancies byduly taking into consideration the seniority in the cadre ofAssistant Executive Engineers by fixing the same as I.J.Diwakar’s batch candidates of Zone-VII as per the directions ofthis Tribunal in O.A.No.2462 of 1997, dated 8.9.1999 pendingdisposal of the M.A.”.

Aggrieved by the said interim order, the present Writ Petitions have been filedby the parties, who are not parties before the Tribunal.

3. Now the entire scenario has been changed. It is brought to the notice of this Court that the case of both the petitioners was considered and the orders wereissued by the Government in G.O.RT.No.1397-MA, Municipal Administration &Urban Development Department, dated 14.12.2004 G.O.RT.No.1398-MA,Municipal Administration & Urban Development Department, dated 14.12.2004promoting them to the post of Superintending Engineer (Public Health) of A.P.Public Health and Municipal Engineering Services on temporary basis while theapplicants who filed the above O.As., are not yet promoted. Under thesecircumstances, no further orders are necessary in these Writ Petitions.

4. Accordingly both the Writ Petitions are closed. No costs.

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(G.BIKSHAPATHY, J.)30[th] December, 2004.

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(P.S.NARAYANA, J.)

SSR

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

1 The Principal Secretary, Municipal Administration &

U.D.Dept.,Govt. of A.P. Secretariat, Hyderabad.

3 The Registrar, A.P. Administrative Tribunal, Hyderabad.

4 2 CCs to G.P. FOR Municipal Administration & Urban Development, High Court of A.P. Hyderabad. (OUT)

5 2 CD copies.