IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 22437 of 2008 Between: Y.R. Subramanyam, S/o. Sri Y.C. Ramaswamy, R & B Quarters, Near Rajanna Park, Sarojinidevi Road, Tirupati, Chittoor District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Principal Secretary, T(R&B) Department, Secretariat, Hyderabad. 2 Government of Andhra Pradesh, Rep by its Engineer-in- Chief (R&B), National High Ways & Administration, Erramanzil, Hyderabad. 3 Sri C. Veera Naganna, S/o. Chinnappa, Resident of Tirupati, Chittoor District. 4 The Hon'ble Andhra Pradesh Administrative Tribunal, Rep by its Registrar, Hyderabad. R-4 has been arrayed as party respondent to the instant case since the writ petitioner seeks to quash the order passed by the Hon'ble AP Administrative Tribunal, Hyderabad. .....RESPONDENTS 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 any writ, order or direction, preferably a writ in the nature of Certiorari calling for the records relating to the original application vide OA No. 4695 of 2008 on the ﬁle of the Hon'ble Andhra Pradesh Administrative Tribunal and also the records pertaining to the GO Rt. No. 788, Transport, Roads & Buildings (Ser-I) Department, dated 28-5- 2008 and to quash the said orders as being arbitrary, contrary to law as well as Governmental orders, being violative of Article 14 of the constitution of India; and consequently suspend the operation of the orders in GO Rt. No. 788, Transport, Roads & Buildings (Ser.I) Department, dated 28-5-2008, pending disposal of the above writ petition and to pass appropriate orders. Counsel for the Petitioner: MR.P.VENUGOPAL Counsel for the Respondent Nos.1 & 2: GP FOR ROADS & BUILDINGS The Court made the following : HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No.22437 of 2008 ORDER: (per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to issue a writ of Certiorari calling for the records pertaining to the order, dated 30.09.2008, passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.4695 of 2008 and also the records pertaining to G.O.Rt.No.788, Transport, Roads and Buildings (Ser.I) Department, dated 28.05.2008, and to quash the same as arbitrary and contrary to law. Earlier, in O.A.No.3382 of 2008, ﬁled by the petitioner, the Andhra Pradesh Administrative Tribunal granted interim orders on 28.04.2008, directing the respondents to consider and appoint the petitioner as In-charge Superintending Engineer in the existing vacancies on the basis of length of service in the Executive Engineer Category on par with his juniors already appointed. Today, when the matter is taken up, learned Government Pleader for Roads and Buildings, appearing for respondents 1 and 2, produced before this Court G.O.Rt.No.1528, Transport, Roads and Buildings (Services-I) Department, dated 13.10.2008, wherein it was mentioned that the Government relax Rule 10(h) of A.P.State and Sub-ordinate Service Rules, 1996, in favour of the petitioner, In-charge Executive Engineer (R&B), for placing him as In- charge Superintending Engineer (R&B), subject to the ﬁnalisation of the seniority in the category of Assistant Executive Engineers. Therefore, in view of the said G.O., it is submitted that the cause in this writ petition does not survives for adjudication. The writ petition is, accordingly, dismissed as having become infructuous. No costs. ______________________________ JUSTICE GHULAM MOHAMMED _____________________________ JUSTICE G.BHAVANI PRASAD 23rd October 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Government of Andhra Pradesh, T(R&B) Department, Secretariat, Hyderabad. 2 The Engineer-in-Chief (R&B), Government of Andhra Pradesh, National High Ways & Administration, Erramanzil, Hyderabad. 3 2CCs to GP for Roads and Buildings, High Court of A.P., Hyderabad. (OUT) 4 The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. 5 2CD copies