HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.14424 of 2004 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioner, in effect, seeks direction to the official respondents to promote him to the category of Senior Scientific Officer by treating him as senior to 3rd respondent herein. 2. The petitioner filed O.A.No.5398 of 2000 in A.P. Administrative Tribunal questioning the final seniority list vide proceedings in Rc.No.8935/Peshi/2000 dated 19-08-2000. The case of the petitioner is that initially she was appointed as Junior Analyst along with 3rd respondent herein in the Office of the Director General, Drugs Control Administration, Vengalaraonagar, Hyderabad, by proceedings dated 06-12-1978 and she was shown as senior to 3rd respondent as she had passed B.Sc. (Chemistry) in II Class and 3rd respondent passed Graduation in III Class. The 3rd respondent never questioned about the seniority list. Even in the tentative seniority list dated 25-8-1984, the petitioner was shown at Sl.No.4, whereas 3rd respondent was shown at S.No.5 and the same was confirmed and became final. Though the 3rd respondent was promoted as Junior Scientific Officer, he was reverted to the post of Junior Analyst for want of vacancy, which was challenged in R.P.No.2708 of 1988 before the A.P. Administrative Tribunal and the same was disposed of vide order dated 10-5-1989. Subsequently, the 3rd respondent was promoted Ultimately, the second respondent official issued final seniority list in the category of Junior Scientific Officer showing the petitioner at Sl.No.3 while 3rd respondent was shown as Sl.No.2. 3. The grievance of the petitioner is that the second respondent without issuing any notice and without giving any opportunity issued the said impugned seniority list. Further without considering his seniority for the purpose of promotion, the 3rd respondent was given preference and the preferential qualification of the petitioner was not considered especially when the Tribunal observed that M.Sc. (Chemistry) is a preferential qualification. Learned counsel for the petitioner contended that the ad hoc seniority list was issued, the petitioner was shown as senior to 3rd respondent and subsequently, review was effected after long time (i.e. on 19-8-2000). Though all these years, petitioner was shown as senior to 3rd respondent, surprisingly the seniority list was altered without notice to him. 4. Learned counsel appearing for 3rd respondent submitted that 3rd respondent is entitled for preferential treatment as per the Special Rules called A.P. Drugs Control Administration Service Rules, 1996 and he has got preferential qualification in M.Sc. Zoology and DPC met on 19- 8-2000 to review the promotions, and the promotions had attained finality. 5. At this stage, learned counsel for the petitioner submits that the third respondent had retired from service on attaining the age of superannuation on 31-07-2007 and further, the petitioner was promoted as Senior Scientific Officer with effect from 01-3-2007. In these circumstances, we do not think it necessary to go into the seniority or otherwise of the petitioner. In the above circumstances, the writ petition is liable to be and is accordingly dismissed. No costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 10-06-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14424 of 2004 Between: A. Vijaya Rajeswari, W/o P.V.L.N. Appa Rao, Hindu, O/o Additional Director General, Drugs Control Administration, Vengalraonagar, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, H.M. & Family Welfare Department, Secretariat, Hyderabad. 2 The Additional Director General, Drugs Cop rights, Drugs Control Administration, Vengalraonagar, Hyderabad - 500 038. 3 N.V.R. Chowdary, O/o Additional Director General, Drugs Control Administration, Vengalraonagar, Hyderabad - 500 038. .....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 issue a writ of Certiorari or any other appropriate writ, order or direction calling for the records pertaining to the order dt. 19-7-2004 passed by the A.P. Administrative Tribunal in O.A.No. 5398 of 2000, confirming the proceedings RC.No. 8935/Peshi/2000 dt. 19-8-2000 issued by the 2nd respondent herein and set aside the same and consequently direct the respondents 1 and 2 herein to promote the petitioner herein to the category of Senior Scientific Officer by treating the petitioner as senior to the 3rd respondent herein Counsel for the Petitioner:MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}