IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 5662 of 2006 Between: 1 The Transport Commissioner, Government of Andhra Pradesh, BRKR Buildings, Tank Bund Road, Hyderabad 2 The Government of Andhra Pradesh, rep.by its Principal Secretary to Government, Transport, Roads & Buildings, Department, Secretariat, Hyderabad 3 The Government of Andhra Pradesh, rep.by its Spl. Chief Secretary to Government, Social Welfare (SW-ROR) Department, Secretariat, hyderabad 4 The Government of Andhra Pradesh, rep.by its Spl.chief Secretary to Government , General Administration (Ser.D) Department, Secretariat, Hyderabad ..... PETITIONER(S) AND T.Venkataramanappa, Motor Vehicle Inspector, Huzurabad, Karimnagar District .....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 to issue an appropriate 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 A.P.Administrative Tribunal passed in OA.No.6426/2004 dated 26.11.2004 as being erroneous illegal, and unreasonable and quash the same and pass Counsel for the Petitioner: GP FOR SERVICES II Counsel for the Respondent No.: MR.K.SRINIVASA PRASAD ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition is filed by the Government seeking a Certiorari calling for the records relating to the orders of the A.P. Administrative Tribunal passed in O.A.No. 6426 of 2004 dated 26.11.2004 and to quash the same as illegal and arbitrary. Brief facts of the case are that the respondent-applicant herein filed O.A challenging the action of the respondents therein in not acting upon the panel prepared for the year 2003-04 for promotion to the post of Regional Transport Officer in respect of Multizone-II in spite of inclusion of his name and postponing the DPC meeting scheduled to be held on 11.8.2004 contrary to Rule 6 of A.P. State and Subordinate Service Rules, and consequently direct the respondents to consider his case for promotion to the post of Regional Transport Officer for the panel year of 2003-2004 as against the cadre strength of 20 as per promotion policy laid down by the Government in respect of reservation in promotions and to grant all consequential benefits. Applicant in O.A is a Motor Vehicle Inspector of Huzurabad of Karimnagar District and as he belongs to SC community, he comes under the purview of G.O.Ms.No. 5 Social Welfare Department dated 14.2.2003. It is submitted that subsequently G.O.Ms.No. 2 dated 9.1.2004 was issued for computation of the percentage of reservation in case of SCs/STs and G.O.Ms.No. 21 dated 18.3.2003 was issued providing guidelines regarding implementation of the reservation. It is contended that for the panel year 2003-04, for which the qualifying date is 1.9.2003, the case of the applicant was considered in the DPC meeting proposed to be held on 11.8.2004, but however, the same was postponed due to extraneous reasons. The Tribunal after considering the facts and circumstances of the case held that the panels are to be prepared every year, and also held that promotions shall be given to those persons included in the panel before effecting promotions to the others included in the subsequent panels. It further directed the respondents to consider the case of the applicant for the panel year 2003-04 and issue necessary orders duly operationalizing the same instead of considering him for the panel year 2004-05 with reference to the cadre strength of 20 for the RTOs in Multi Zone-II and issue necessary orders within a period of two months from the date of receipt of the order. Heard both sides. The learned Government Pleader contended that there are three more persons above the respondent-applicant. He further submitted that there are 20 vacancies of Regional Transport Officers in Multi Zone-II, and 3 vacancies go to Scheduled Caste candidates and the respondent herein is not the senior-most Scheduled Caste candidate and seniors to the respondent were considered and they occupied the posts of Regional Transport Officers and therefore, the case of the respondent-applicant cannot be considered for the panel year 2003-04. On the other hand, the learned counsel appearing for the respondent- applicant contended that applicant’s case was not considered and no reasons were assigned and communicated to him for not considering his case for promotion to the post of Regional Transport Officer. We have perused the order impugned. It is not in dispute that the respondent- applicant approached the Tribunal seeking a direction to consider his case for promotion for the panel year 2003-04. It is also not in dispute that the promotion has been postponed as his name was not considered on the ground that three more scheduled caste candidates are there above him. The grievance of the respondent- applicant is that his case was not considered and no orders were communicated to him. There is some point in his contention. The action of the petitioners is not justified as they have neither passed any orders nor communicated to the respondent-applicant. In the circumstances, the Writ petition is dismissed. However, we grant three months time to the petitioners to complete the exercise as per the directions issued by the Tribunal and communicate the same to the respondent-applicant. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ C.V.RAMULU, J Dt. 07.08.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2. 2CD copies