IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :2373 of 2008 Between: 1 Union of India Rep.by its Secretary M/o.Communications& DG Posts New Delhi 2 Chief Postmaster General A.P. Circle, Dak Sadan,Hyd-1 3 Sr. Supdt. RMS Y Divn Vijayawada-520001 4 Sr.Supdt of Post Officers Ongole-523001 ..... PETITIONER(S) AND Sri N.Venkata Rao, S/o.Venkataswamy, .....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 an order or direction more particularly in the nature of writ of Certiorari call for the records with regard to order dt.13- 9-2007 in O.A.No.1395 of 2003 of the Hon'ble Central Administrative Tribunal Hyd Bench Hyd and quash and the same as illegal arbitrary contrary to law and unconstitutional and pass Counsel for the Petitioner:MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent: ----- The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :2373 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order, dated 13.9.2007 in O.A.No.1395/2003. The respondent is the applicant before the tribunal and he filed the O.A. seeking to declare the action of the respondents therein in denying promotion to him under 1/3 quota of L.S.G even though he was qualified, as illegal and arbitrary and to direct the respondents therein to promote him under 1/3rd quota giving him the benefit of seniority in terms of the judgment in O.A.No:622 of 1990, dated 1.12.1993 and to direct the respondents to regulate all further promotions to HSG II and HSG I to the applicant on the basis of the revised seniority. The tribunal having observed that the applicant is entitled to be considered for promotion against the 1/3rd quota vacancies on the basis of the examination held in 1981, allowed the O.A. Having aggrieved by the same, the present writ petition is preferred by the respondents. Heard the learned G.P. and perused the entire material available on record as well as the order impugned. Before going into the merits of the case, it is pertinent to note that while considering the case of the applicant, the tribunal has mainly relied on the decision of the tribunal of the Madras Bench passed in T.A.No:747 of 1986, against which the S.L.P preferred was dismissed by the Apex Court on 11.1.1989 and also the decision of the tribunal of the Ernakulam Bench passed in O.A.No:1309/1995 on 5.9.1997. It is also to be noted that the order of the Madras Bench has become final in view of dismissal of the S.L.P. The tribunal has applied the ratio that has been considered in the above decisions while granting the claim of the applicant. In this view of the matter, We feel that the order of the tribunal does not suffer from any illegality or irregularity. Hence, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ________________________ Justice T.Meena Kumari ______________________ Justice G.Chandraiah Dated:17.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2373 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 17/03/2008