THE HON’BLE SMT. JUSTICE T. MEENA KUMARI and THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 26232 of 2006 and WVMP No. 119 of 2007 O R D E R: (Per the Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking a writ of Certiorari calling for the records in Review M.A. No. 3098 of 2006 in O.A. No. 5128 of 2004 on the file of the A.P. Administrative Tribunal and to quash the orders dated 13.10.1996 passed in the said Review Application. Heard the learned counsel for the parties and perused the records. The 1st respondent herein filed O.A. 5128 of 2004 before the Tribunal challenging the promotion of the petitioner to the post of Hindi Pandit Grade I. The Tribunal dismissed the O.A. holding that the promotion of the petitioner to the post of Hindi Pandit Grade I is in accordance with the rules and seniority. The respondent No.1 filed Review M.A. No. 3098 of 2006. The Tribunal allowed the said review application directing the official respondents to consider the claim of the respondent No.1 – applicant for promotion to the post of Hindi Pandit Grade I with effect from the date on which the respondent No.3 was appointed. Aggrieved, the petitioner – 3rd respondent in the O.A. filed this writ petition. Heard the learned counsel for the parties and perused the record. A perusal of the material available on record discloses that the Tribunal entertained the review application on new facts and on those pleadings which do not form part of the Original Application. The scope of review is limited to that of error apparent on the face of the record. No such error apparent on the face of the record is seen. As rightly contended by the learned counsel for the petitioner, the respondent No.1 did not challenge the appointment of the petitioner to the post of Hindi Pandit Grade II, who was placed at Serial No.1 at the time of appointment and therefore when the vacancy has arisen to the post of Hindi Pandit Grade I due to the death of one Sri K. Venugopal, the panel committee of Nandyal Municipality in its meeting dated 26.2.2004 resolved to fill up the said vacancy and the Commissioner, Nandyal Municipality vide letter dated 29.3.2004 requested the District Educational Officer, Kurnool to fix the inter se seniority among the petitioner, Smt. K. Sita and Ms. Sudeshana Rani who have been appointed in DSC-2000 and on obtaining clarification from the District Educational Officer, the Commissioner, Nandyal Municipality vide proceedings dated 5.7.2004 promoted the petitioner as Grade I Hindi Pandit and she joined in the said post on 5.7.2004. Rule 33 (b) provides for fixation of seniority duly taking into consideration the Rule of Reservation and therefore, having considered the facts and circumstances the Tribunal rightly dismissed the O.A., but though there is no error apparent on the face of the record, the Tribunal erred in allowing the Review Application filed by the respondent No.1 – applicant. Further, the respondent No.1 – applicant pleaded in the Review Application before the Tribunal that the Tribunal failed to look into proceedings of the Commissioner, Nandyal Municipality in Roc.No. 6646/82.C.2 dated 9.8.1982 whereby Sri Khasim Saheb was promoted as Hindi Pandit Grade I in the place of K. Vengal Reddy. But, the said incumbent is not party to the O.A. or the Review Application filed by the respondent No.1 – applicant and no orders can be passed with regard to roaster when the concerned incumbent was not a party to the O.A. or the Review Application. Under the circumstances, there cannot be any review on merits. Having considered the material available on record, we are of the considered view that the order passed by the Tribunal in Review M.A. No. 3098 of 2006 in O.A. No. 5128 of 2004 is unwarranted and therefore it is liable to be set aside. In the result, the order dated 13.10.2006 passed by the Tribunal in Review M.A. No. 3098 of 2006 in O.A. No. 5128 of 2004 is set aside and the writ petition is allowed. In view of the orders passed in the writ petition, no orders are necessary in the vacate petition and it is accordingly dismissed. T. MEENA KUMARI, J. G. CHANDRAIAH, J. Date: 25-06-2007. MVB.