IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 19596 of 2006 Between: 1 Government of Andhra Pradesh, rep. By its Secretary, Finance and Planning (Planning Wing ) Department Secretariat, Hyderabad 2 Director, Directorate of Economics & Statics, Andhra Pradesh, Hyderabad ..... PETITIONERS AND 1 P. Subrahmanyam S/o Late P. Satyanarayana O/o Chief Planning Officer, Vizianagaram. 2 P.V.M.Kuma Rao S/o Late P. Chennaiah Setty O/o Chief Planning Officer, Vizianagaram. 3 V. Kurumulu S/o. Late V. Appalaswamy O/o Mandal Revenue Officer, Teriam, Vizianagaram District 4 B. Appalanaidu S/o late B. Rameswar Rao, O/o Mandal Revenue Officer, Vizianagaram. 5 P. Muthyalu S/o Late P. Venkata Rao O/o Mandal Revenue Officer, Jami, Vizianagaram. District 6 G. Satyanarayana S/o G. Gowrinaidu O/o Mandal Revenue Officer, Gumalaxmipuram, Vizianagaram. District 7 MDPK Sarma, S/o Late Satyanarayana O/o Mandal Revenue Officer, Denkada Vizianagaram District 8 G. Krishna Murthy, S/o. Not known O/o Project Officer, ITDA. Paravathipruam, Vizianagaram District .....RESPONDENTS 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 an order, direction or a Writ particularly one in the nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble A.P. Administrative Tribunal dated 1-3-2006 in O.A. No. 3490/2000 and to quash the same and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondents: The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO: 19596 of 2006 ORDER: (per Hon’ble Smt.Justice T. Meena Kumari) The present writ petition is filed by the petitioners-authorities seeking to set aside the order of the tribunal passed in O.A.No.3490 of 2000 on 01-03-2006. Respondents 1 to 7 herein are the applicants before the tribunal. They filed the above O.A., seeking a direction to the 2nd respondent therein to consider their case for promotion to the post of Deputy Statistical Officers and to promote them as such with effect from the date of promotion of the 3rd respondent therein with all consequential benefits on the ground that the 3rd respondent therein, who was junior to them, was promoted. The tribunal having observed that the official respondents accepted that the applicants are seniors to the 3rd respondent and the applicants are entitled to the relief as was granted to the applicant in O.A.No.2575 of 1997 and that the action of the official respondents is contrary to Rule 3 and proviso of the Special Rules issued in G.O.Ms.No.42, dated 11-06-1991, disposed of the O.A., directing the official respondents to consider the case of the applicants for notional promotion in the immediate vacancies, which were available prior to the date on which 3rd respondent was promoted. Having aggrieved by the same, the official respondents filed the present writ petition. Heard the learned Government Pleader and the learned Counsel appearing for the respondents and perused the material available on record. On a perusal of the material available on record, it is apparent that before the tribunal, the official respondents and the unofficial respondent have not disputed as to the seniority of the applicants. Now, the contention of the learned Government Pleader that the seniority in the category of Deputy Statistical Officers was already finalized and if the notional dates are given to the applicants, their placements in the seniority list would also have to be changed and it would result in unsettling the settled position in the matter of seniority. When a mistake is crept in, in fixation of seniority, it has to be rectified at any point of time in the interest of justice. Merely on the ground that the fixation of seniority would unsettle the settled position in the matter of seniority, the authorities cannot ratify their improbable acts, which might have been done knowingly or unknowingly. In this view of the matter and in view of the fair admission of the official respondents before the tribunal as to the seniority of the applicants, We have no hesitation to hold that the order of the tribunal needs no interference. Accordingly, this writ petition is dismissed. No costs. ____________________ Justice T. Meena Kumari ___________________ Justice S. Ashok Kumar 24th March 2008. Rns. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies