WP/23435/2004 of A.P.Mohammad, Vs The Special Commissioner and Director of Survey on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHYand THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 23435 of 2004

Between:

A.P.Mohammad, s/o Sri Dowlath Saheb, Retired Surveyor, Survey and Land Records, r/o D.No.28/3/889, Engineering College Road, Anantapur, Anantapur District.

AND

..... PETITIONER

1 The Special Commissioner and Director of Survey (Settlement and Land Records), Gagan Vihar, 4th Floor, M.J.Road, Andhra Pradesh, Hyderabad.

2 The Regional Deputy Director, Survey and Land Records, Opp.Mosque, Nandyal Road, Kurnool, Kurnool District.

.....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 an appropriate writ, order or direction, more particularly one in the nature ofwrit of certiorari, to call for the records pertaining the order dt.15-3-2004 passed inOA No.3124/1999 by the Hon'ble A.P.Admn.Tribunal, Hyderabad and quash thesame in so far as mentioning the designation of the petitioner as Surveyor instead ofDeputy Surveyor for the purpose of consideration for promotion etc., as illegal,arbitrary and consequently set aside the- proceedings of the 2nd respondent videD.Dis.211/04(A2)dt.20-7-2004 and to grant such other relief or reliefs.Counsel for the Petitioner: MR.K.RAM REDDY

Counsel for the Respondents: GP FOR SERVICES-II

The Court at the stage of admission made the following:

ORAL ORDER:- (PER GB,J)

The Writ Petition is filed against the order, dated 15.3.2004 passed by the A.P.Administrative Tribunal in O.A.No.3124 of 1999.

2. The relief asked for is very limited one. The petitioner seeks to replace theexpression appearing as ‘Surveyor’ instead of ‘Deputy Surveyor’. The tribunalhowever granted the relief to the petitioner as under:

“In view of this, the Special Commissioner and Director of Survey, Settlementand Land Records, is directed to pass necessary orders regarding the claimof the applicant for his promotion based on the seniority in the cadre ofSurveyor, duly taking into consideration the suitability or otherwise of theapplicant for such promotion and communicate the orders to the applicantwithin three months from the date of receipt of a copy of this order.”

3. The learned counsel for the petitioner submits that seniority has to appear in thecadre of Deputy Surveyor and not to Surveyor and therefore, the order requiresmodification.

4. We are afraid we cannot accept this contention raised by the learned counsel.However, it is for the petitioner to make appropriate application before the Tribunal, ifthere is any clerical omissions or commissions.

5. Under those circumstances, we are not inclined to interfere with the order passedby the Tribunal. However, we leave it open to the petitioner to file a review, if he sochooses.

6. Accordingly, the Writ Petition is disposed of. No costs.

Date:30.12.2004

ES

__________________

G. BIKSHAPATHY, J.

_______________

P.S. NARAYANA, J.

To

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

2 The Special Commissioner and Director of Survey (Settlement and Land Records), Gagan Vihar, 4th Floor, M.J.Road, Andhra Pradesh,Hyderabad.Hyderabad.

3 The Regional Deputy Director, Survey and Land Records, Opp. Mosque, Nandyal Road, Kurnool, Kurnool District.

4 2 CCs to the G.P for Services-II, High Court Buildings, Hyderabad (O.U.T).

5 2 CD copies.