IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6117 of 2009 Between: S.Ravinder S/o.Ramaiah Z.P.P. Musiyalapally, Warangal District. ..... PETITIONER AND 1 Government of Andhra Pradesh, School Education Department, represented by its Principal Secretary, Secretariat, Hyderabad. 2 Government of Andhra Pradesh, General Administration Department, represented by its Secretary, Secretariat, Hyderabad. 3 The Director of School Education, A.P., Hyderabad. 4 The Regional Joint Director of School Education, Warangal. .....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 in the nature of Mandamus declaring the Judgment of the A.P. Administrative Tribunal in O.A.No.6553 of 2005, dated 6.2.2008 as illegal and contrary to the material on record and consequently hold that the petitioner is entitled for promotion to the post of Headmaster Grade-II (Gazetted) by duly implementing the Govt. Memo.No. 123426/Ser.F/2005-3, dated 17.10.2005 as was extended to other similarly situated person vide Proc.No.1316/C3-1/2006, dated 27.9.2008 issued by the Director of School Education, A.P., Hyderabad with all consequential benefits and pass. Counsel for the Petitioner:MR.D.BALA KISHAN RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :6117 of 2009 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking a direction in the nature of certiorari, to call for the records pertaining to the order passed in O.A.No:6553 of 2005 on 6.2.2008 by the A.P.Administrative Tribunal and to set aside the same by holding that the petitioner is entitled for promotion to the post of Headmaster Grade II (Gazetted by duly implementing the Govt. Memo No:123426/Ser.F/2005-3, dated 17.10.2005 as was extended to other similarly situated person vide proceedings No.1316/C3/1/2006, dated 27.9.2008 issued by the Director of School Education, A.P. Hyderabad with all consequential benefits. The petitioner is one of the applicants before the tribunal. Originally, the applicant and two others filed the O.A seeking to declare the action of the respondent in not following the Memo No:123426/Ser.F/2005-3, dated 17th October, 2005 issued by the 2nd respondent in pursuance of G.O.Ms.No:2 (SW. ROR1) Department, dated 9th Jannuary, 2004 as illegal and arbitrary and direct the respondents to promote the applicant and two others along with the eligible candidates as Headmasters Grade II/Mandal Education Officers in Zone V as per the Memo No:123426/Ser.F/2006-3, dated 17th October, 2005 and G.O.Ms.No:2 (SW ROR1) Department, dated 9th Jannuary, 2004. The tribunal having observed that the government has already issued statutory rules vide G.O.Ms.No123, dated 19.4.2003 with regard to the aspects covered by G.O.Ms.No:2, dated 9.1.2004 as well as Government memo referred to by the applicants and all the promotions thereafter have to be in accordance with the said G.O.Ms.No:123, dated 19.4.2003 and since the respondents have stated that they have followed the rule position, no further orders are necessary, disposed of the O.A giving liberty to the applicant and two others to seek such legal remedies that are available in accordance with law by impleading the affected parties, if they are so aggrieved by the promotions given in Zone V on 7.10.2005. Having aggrieved by the same, the present writ petition is preferred by one of the applicants. Heard the learned counsel and perused the entire material available on record and the order impugned. It is contended by the learned counsel for the applicant that there are two more vacancies available in the cadre of Headmaster and since the applicant is a senior most school assistant, his case ought to have been considered. Therefore, the authorities may be directed to consider the case of the applicant for promotion in question. On the other hand, it is contended by the learned G.P. for Services- I that the panel has been prepared as per G.O.Ms.No:2, dated 9.1.2004 and the Government Memo No>123426/Ser.F/2005-3, dated 17.10.2005 and got approved by the State level DPC and promotions were given to the fully qualified and eligible candidates as per the time schedule given by the Director of School Education. Therefore, the order impugned herein does not warrant any interference by this Court. In view of the fact that the Government have already issued statutory rules vide G.O.Ms.No:123, stated 19.4.2003 with regard to the aspects covered by G.O.Ms.No:2, dated 9.1.2004 as well as the Government Memo and the respondents have followed the rule position as rightly observed by the tribunal, We do not find any infirmity or irregularity in the order impugned herein. Hence, this writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. However, in view of the submission made by the learned counsel for the applicant that the applicant may be permitted to make a representation for promotion in the available two vacancies in the cadre of Headmaster, We feel it just and proper to give liberty to the applicant to make a representation before the authorities concerned and on filing such a representation, the authorities concerned shall examine the same and pass appropriate orders in accordance law. __________________________ Justice Ghulam Mohammed _____________________________ Justice B.Seshasayana Reddy Dated: 25th March, 2009 gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :6117 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 25th March, 2009