IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 961 of 2000 Between: 1 N. Anjanaiah, S/o. Subbanna, M.R.I.Rajampet. Cuddapah District. 2 V.Gangaiah, S/o. Narayana, M.R.O. Office, Rayachoti. Cuddapah District. 3 R. Jeevanchandra Sekhar, S/o. late J.V.Prasad, Collector's Office, Cuddapah District. 4 Smt. P. Bharathi, W/o. P.Subbarayudu, Collector's Office, Cuddapah District. 5 P.Vijayabhaskar, S/o. Pamuleti, MRI. Chakrayapet. Cuddapah District. 6 S. Giriraju, S/o. Subbarayudu, MRI, Thondur. Cuddapah District. 7 M.Subbarama Rao, S/o. Naraparaju. RO and RDO Rajampet Cuddapah District. ..... PETITIONER(S) AND 1 A.P.Administrative Tribunal, Rep by its Registrar, Hyderabad. 2 The Collector and District Magistrate, Cuddapah District- 51601. 3 The Commissioner of Land Revenue, Government of A.P., Hyderabad. 4 The Secretary to Government, Revenue Department, Government of A.P., Secfretariat, Hyderabad-500 022. 5 K.Ananda Rao, Jr. Asst, MRO Office, Gopavaram, Cuddapah District. 6 B.Babaiah, Jr. Asst, MRO Office, Simhadripuram Mandal, Cuddapah District.. 7 N. Venkata Subbaiah, Jr. Asst, Collectorate, Cuddapah District. 8 C.V.Subbanna, Jr.Asst, Sub-Collector's Office, Rajampet, Cuddapah District. 9 B.Venkatanna, Jr.Asst, MRO's Office, Proddutur, Cuddapah District.. 10 Smt. T. Narasamma, Jr. Asst, MRO's Office, Rajampet, Cuddapah District. .....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 to issue a Writ Order or direction especially one in the nature of Writ of Certiorari calling for the records in O.A.No.4351 of 1995 and order passed there in on 21-11-1997 and quash the same and pass such order or further order as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner submits that the cause in the Writ Petition is squarely covered by the judgment of this Court in Writ Petition Nos. 26950, and 26951 of 1998 and 14198 of 1999 dated 25/04/2003 wherein this Court while disposing of the writ petitions held as under: “We have seen from the order of the Tribunal that this question has not been dealt with by the Tribunal at all. In a brief order the Tribunal stated that, the post of Senior Assistant was not a selection post and promotion had to be made automatically on the basis of seniority, therefore the Tribunal quashed the panel and also the subsequent orders. Even if the post of Senior Assistant is not a selection post but the person claiming the post must be eligible to hold the post. Whether the applicants before the Tribunal were eligible against the posts available in a particular year or not was the question to be determined by the Tribunal. Since this question has not been determined, the order of the Tribunal cannot sustain which is accordingly set aside. After setting aside the order of the Tribunal and restoring the position as it existed before passing of the order of the Tribunal, we direct the Tribunal to consider the matter afresh and examine whether the applicants before it were eligible to be promoted or not, on the relevant dates.” Following the above judgment, this Writ Petition is also disposed of setting aside the order passed in O.A.No. 4351 of 1995 dated 21.11.1997 and restoring the position as it existed before passing of the order of the Tribunal. The Tribunal is directed to consider the matter afresh and examine whether the applicants before it were eligible to be promoted or not, on the relevant dates. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 19.02.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 A.P.Administrative Tribunal, Rep by its Registrar, Hyderabad. 2 The Collector and District Magistrate, Cuddapah District- 51601. 3 The Commissioner of Land Revenue, Government of A.P., Hyderabad. 4 The Secretary to Government, Revenue Department, Government of A.P., Secfretariat, Hyderabad-500 022. 5 K.Ananda Rao, Jr. Asst, MRO Office, Gopavaram, Cuddapah District. 6 B.Babaiah, Jr. Asst, MRO Office, Simhadripuram Mandal, Cuddapah District.. 7 N. Venkata Subbaiah, Jr. Asst, Collectorate, Cuddapah District. 8 C.V.Subbanna, Jr.Asst, Sub-Collector's Office, Rajampet, Cuddapah District. 9 B.Venkatanna, Jr.Asst, MRO's Office, Proddutur, Cuddapah District.. 10 Smt. T. Narasamma, Jr. Asst, MRO's Office, Rajampet, Cuddapah District. 11. 2 CC to G.P. for Services –II, High Court of A.P. Hyderabad OUT. 12. 2 CD copies