IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND SEVEN PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 19040 of 2007 Between: Syed Imtiazul Hasan, s/o Syed Badruddin Hasan, O/o Controller of Legal Metrology, Gandhinagar, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh represented by the Controller of Legal Metrology, Gandhinagar, Hyderabad. 2 The Government of Andhra Pradesh, represented by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Deputy Controller of Legal Metrology as per his seniority because of the award of censure by the first respondent vide proceedings No.12120/VI/2004, dt.07-03-2007 as arbitrary and illegal and consequently direct the respondents to promote the petitioner to the post of Deputy Controller of Legal Metrology based on his seniority and merit and pass such other order or orders as this Honourable Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.19040 of 2007 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned counsel appearing for the petitioner as well as the learned Government Pleader for Services-I, appearing for the respondents. 2. This writ petition is filed, under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Deputy Controller of Legal Metrology, as per his seniority, because of the award of censure by respondent No.1, vide proceedings No.12120/VI/2004, dated 07.03.2007, as arbitrary and illegal and consequently direct the respondents to promote the petitioner to the post of Deputy Controller of Legal Metrology based on his seniority and merit. 3. The petitioner has filed O.A.No.4502 of 2007, before the Andhra Pradesh Administrative Tribunal at Hyderabad (for brevity “the Tribunal”), seeking the same relief as is sought for in the present petition, and since the Tribunal has not granted any order of interim direction, while admitting the O.A., according to the averments in the affidavit, filed in support of the writ petition, the present writ petition came to be filed. 4. Petitioner is applicant and respondents are respondents, in the O.A., before the Tribunal. 5. Without going into the merits of the case, we deem it appropriate to take into account a few facts, which are relevant. 6. The grievance of the petitioner, before the Tribunal, was that his case was not considered for promotion to the post of Deputy Controller of Legal Metrology and an opportunity was denied to him on the ground that the punishment of censure, awarded against him, is in operation. 7. The said punishment, as we are informed, would be in force till 06.03.2008, which is one amongst the grounds for the competent authority to reject the case of the petitioner for promotion to the post of Deputy Controller of Legal Metrology, apart from some other grounds. 8. However, in view of the fact that minor punishment of censure would be in operation against the petitioner till 06.03.2008 and the subsisting cloud will be cleared; that hopefully the case of the petitioner would be considered in accordance with law; that, inasmuch as, nothing remains for effective adjudication either in the present writ petition or in the O.A, pending before the Tribunal, as the grievance of the petitioner, in the said O.A., and the stand of the respondents both in the O.A., and the present writ petition are the same, and the eventuality is likely to be the same, in our view, suffice to close the present writ petition as well as the O.A., pending before the Tribunal, since both would become redundant by 06.03.2008. 7. Accordingly, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _____________________ JUSTICE K.C.BHANU 19TH FEBRUARY 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Controller of Legal Metrology, Government of Andhra Pradesh, Gandhinagar, Hyderabad. 2. The Principal Secretary, Government of Andhra Pradesh, Food and Civil Supplies Department, Secretariat, Hyderabad. 3. 2CCs to Government Pleader for Services-I, High Court Buildings, Hyderabad. (OUT) 4. 2CD copies