IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8847 of 2008 Between: The Director of Treasuries and Accounts, M.J.Road Hyderabad ..... PETITIONER AND J.Rajeswar Rao, O/o.The Chief Accounts officer, PPO, M.J.Road, Hyderabad .....RESPONDENT 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 writ of Certiorari calling for the records relating to the orders of the Hon`ble AP.AdmInistrative Tribunal, Hyderabad passed in OA.No.7035/2005 dated 17.11.2006, as being erroneous illegal, and unreasonable and quash the same and pass such other orders. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . - The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8847 of 2008 ORDER: (per Smt. Justice T. Meena Kumari) The Department filed the present writ petition seeking for a Writ of Certiorari to call for the records relating to the orders of the A.P. Administrative Tribunal, Hyderabad passed in O.A. No. 7035 of 2005, dated 17.11.2006. The facts in brief are that the respondent is an applicant in O.A. No. 7035 of 2006. He filed the aforementioned O.A. seeking a direction to the petitioner-department to promote him as Junior Accounts Officer. According to the respondent, while he was working as Senior Accountant, he was reverted to the post of Junior Accountant. Assailing the said order, he filed O.A. No. 5288 of 1995 before the Tribunal and the Tribunal through its orders dated 24.10.2003 has set aside the proceedings impugned therein dated 19.5.1995, reverting the respondent to the category of Junior Accountant permanently. The Tribunal also reserved liberty to the department to proceed against the applicant in accordance with rules. When the department did not promote him as Junior Accounts Officer pursuant to the order of the Tribunal, the respondent filed the aforementioned O.A. Before the Tribunal, the department filed its counter affidavit stating that 8 persons, who were juniors to the applicant in the category of Senior Accountant were promoted as Junior Accounts Officers .However, the name of the applicant could not come up for consideration, since his name was not included in the seniority list of Senior Accountants. However, pursuant to the order of the Tribunal in O.A. No. 5288 of 1995, dated 24.10.2005, the respondent was issued a fresh charge memo on 20.1.2006 and since the name of the respondent was not included in the category of Senior Accountant, his name was not considered for promotion as Junior Accounts Officer. There is no dispute about the fact that the Tribunal through its order dated 24.10.2003 has set aside the reversion order. When once the punishment imposed against the respondent has been set aside, the department has to re-induct him as Senior Accountant. Admittedly, the name of the respondent has not been included in the seniority list of eligible candidates and since eight persons who were juniors to the respondent have been promoted as Junior Accounts Officers ignoring the respondent, the Tribunal was justified in directing the department to consider the claim of the respondent to the post of Junior Accounts Officer with effect from the date on which his junior was promoted and to accord him all consequential benefits. In the circumstances, we do not find any illegality or irregularity in the order of the Tribunal warranting interference. The writ petition fails and it is accordingly dismissed. No costs. ___________________ T. MEENA KUMARI,J DATE: 28th March, 2008 ___________________ S. ASHOK KUMAR, ,J pnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to the Government Pleader for Services-II, High Court Buildings, Hyderabad. 2.2CD copies