IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8969 of 2009 Between: R.V. Rajyalakshmi D/o. Lakshmana RAo O/o. Commercial Tax Officer, Suryaraopeta Circle, Vijayawada, Krishna District. ..... PETITIONER AND 1. The Deputy Commissioner of Commercial Taxes, Division-I, Vijayawada, Krishna District. 2. The District Collector & Chairman, District Selection Committee, Krishna District at Machilipatam. 3. The Commissioner of Commercial Taxes, M.J. Road, Nampally, Hyderabad. 4. M. Prakash Rao S/o. Arogya Swami O/o. Dy. Commissioner of Commercial Taxes-II Division, Vijayawada, Krishna District. 5. B. Laxmi Bala Koteshwari D/o. Danaiah O/o. CTO, Gudiwada, Krishna District. 6. P. Satyanarayana S/o. Venkaiah, O/o. Commercial Tax Officer, Shivalayam Street, Vijayawada, Krishna District. 7. M.B. Dasru S/o. Mansingh, O/o. Commercial Tax Officer, Vijayawada, Krishna District. 8. M. Srinivasa Rao S/o. Darmaiah O/o. Dy. Commissioner of Commercial Taxes-II Division, Vijayawada, Krishna District. 9. K. Ramesh Babu S/o. Brhamaiah O/o. Dy. Commissioner of Commercial Taxes-II Division, Vijayawada, Krishna District. .....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 to issue a writ, order or direction more particularly one in the nature of a Writ of Certiorari calling for the records relating to the issuance of the impugned proceedings in Rc.No.A3/485/2007, dated 20.01.2009 of the first respondent and the dismissal order dated 17.4.2009 of the Hon'ble A.P. Administrative Tribunal in O.A.No.1331 of 2009, as arbitrary and illegal and quash the same and pass Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 17.4.2009 passed in O.A.No. 1331of 2009 on the file of the A.P. Administrative Tribunal, Hyderabad, by virtue of which, the Tribunal upheld the seniority list dated 20.1.2009 prepared by the Deputy Commissioner of Commercial Taxes, Division-I, Vijayawada, Krishna District-first respondent herein. The learned counsel appearing for the petitioner submits that the petitioner without availing the alternative remedy of filing an appeal before the Commissioner of Commercial Taxes, available to her, under Rule 26 of the A.P. State and Subordinate Service Rules, 1996 (for short “the Rules”), she straight away approached the Tribunal and invited a decision on merits. We have heard the learned counsel appearing for both sides at length. It is no doubt true that the petitioner is working as Assistant Commercial Tax Officer (ACTO) in Vijayawada Circle of Krishna District and if the seniority list dated 20.1.2009 prepared by the Deputy Commissioner of Commercial Taxes is acted upon, she will be pushed down. In the circumstances, the petitioner requests that she may be permitted to avail the remedy of appeal to the Commissioner of Commercial Taxes-third respondent herein, under Rule 26 of the Rules, available to her. In view of the request made by the petitioner and also in view of the facts and circumstances of the case, the petitioner is permitted to file an appeal before the Commissioner of Commercial Taxes-third respondent herein, within a period of two weeks from the date of receipt of a copy of this order. On such appeal is being filed, the Commissioner of Commercial Taxes-third respondent herein is directed to dispose of the same within a period of two months thereafter, uninfluenced by the observations made by the Tribunal in O.A.No. 1331 of 2009 and also the observations made in this Writ Petition. Till such time, status quo obtaining as on today shall be maintained, as regards the petitioner. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY,J Dt. 28.04.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Deputy Commissioner of Commercial Taxes, Division-I, Vijayawada, Krishna District. 2. The District Collector & Chairman, District Selection Committee, Krishna District at Machilipatam. 3. The Commissioner of Commercial Taxes, M.J. Road, Nampally, Hyderabad. 4. M. Prakash Rao S/o. Arogya Swami O/o. Dy. Commissioner of Commercial Taxes-II Division, Vijayawada, Krishna District. 5. B. Laxmi Bala Koteshwari D/o. Danaiah O/o. CTO, Gudiwada, Krishna District. 6. P. Satyanarayana S/o. Venkaiah, O/o. Commercial Tax Officer, Shivalayam Street, Vijayawada, Krishna District. 7. M.B. Dasru S/o. Mansingh, O/o. Commercial Tax Officer, Vijayawada, Krishna District. 8. M. Srinivasa Rao S/o. Darmaiah O/o. Dy. Commissioner of Commercial Taxes-II Division, Vijayawada, Krishna District. 9. K. Ramesh Babu S/o. Brhamaiah O/o. Dy. Commissioner of Commercial Taxes-II Division, Vijayawada, Krishna District. 10. Two CCs to G.P. for Services II, High Court of A.P., Hyderabad OUT 11. 2 CD Copies