THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.22278 of 2006 Dated:15.02.2008 Between: The Chief Commissioner, Customs and Central Excise, Hyderabad and two others. ..... PETITIONERS And S.N.G.V.S.Nageswara Rao and another. .....RESPONDENTS THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.22278 of 2006 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned Assistant Solicitor General, appearing for the petitioners, and the learned counsel appearing for the respondents. 2. This writ of certiorari is filed, under Article 226 of the Constitution of India, seeking to call for the records pertaining to the order, dated 10.03.2004, passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for brevity “the Tribunal”), in O.A.No.799 of 2003, and quash the same. 3. Petitioners are respondent Nos.1 to 3, respondent No.1 is applicant and respondent No.2 is respondent No.4, in the O.A., before the Tribunal. 4. Respondent No.1 had filed the said O.A., seeking to set aside the order No.1/2003, issued by petitioner No.2, by declaring the same as arbitrary, illegal and unjust and for a further direction to the petitioners to promote respondent No.1 on par with his juniors by conducting a typing test, by giving reasonable opportunity, and to pay him all consequential benefits arising thereof. 5. The Tribunal, having considered the material, available on record, by the impugned order, directed the petitioners to conduct supplementary typing test to respondent No.1, including those who failed in the said typing test (as shown in Annexure AV therein), by giving one month preparatory time and then give promotion to those Sepoys who qualify in the supplementary test, subject to availability of vacancy. The petitioners were also directed to complete the said exercise within a period of two months from the date of communication of the impugned order. 6. In this writ petition, it is the grievance of the petitioners that the Tribunal was in error in ordering to conduct supplementary typing test and promote the respondent No.1 to the post of Lower Division Clerk. 7. But, having regard to the facts and circumstances and the order, passed by this Court today i.e., 15.02.2008, in Writ Petition No.10568 of 2005, the petitioners have to take up the exercise of issuing notice to all the affected parties and effect promotions. Till that exercise is completed, the question of giving promotion to respondent No.1, including those who failed in the said typing test (as shown in Annexure AV before the Tribunal), does not arise. 8. Therefore, suffice it to close the writ petition with a direction to the petitioners to consider the case of respondent No.1 for promotion, after completion of the exercise, as directed by this Court in Writ Petition No.10568 of 2005, in accordance with law, if necessary, after conducting necessary tests, etc. 9. With the above directions, the writ petition is closed. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA _____________________ JUSTICE K.C.BHANU 15TH FEBRUARY 2008 DR