IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO: 6944 of 1995 Between: Bailapoodi Appala Naidu s/o Sanni Babu, Yard Foreman, Visakapatnam Port Trust, Village Pinagadi, Pedagadi (p.o.) Visakhapatnam ..... PETITIONER AND 1 Visakhapatnam Port Trust represented by its Chairman, Visakhapatnam - 35 2 Visakhapatnam Port Trust represented by its Traffic Manager, Visakhaptnam 35 3 K Ganapathi, Assistant Yard Master (Adhoc), Traffic Department, Visakhapatnam Port Trust Visakhapatnam 4 N Appala Naidu, Assistant Yard Master (Adhoc), Traffic Department, Visakhapatnam Port Trust, Visakhapatnam .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus directing the Respondents 1 and 2 to strict observance of Rules and Regulations in accordance with the Visakhapatnam Port Trust Employees (Recruitment, Seniority and Promotion) rules and Recruitment Rules made there under to the post and grade of Asst Yard master and posts beyond that grade and consequently declare the action of the Respondents 1 and 2 in promoting the Respondents 3 and 4 from the post of Yard foreman to the post of Asst yard Master without following the above stated Rules is illegal, arbitrary, without jurisdiction, violative of Articles 14 and 16 of the Constitution of India, violation of principles of natural justice, null and void and further direct the Respondents 1 and 2 to restore the Seniority of the petitioner over and above the Respondents 3 and 4 and pass such other order to orders in the interests of justice Counsel for the Petitioner: MR.M.KESAVA RAO Counsel for the Respondent Nos.1 and 2: MR.K.SRINIVASAMURTHY Counsel for the Respondent Nos.3 and 4:None appeared. The Court made the following: ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LOBIS} THE HON'BLE Dr. JUSTICE G.YETHIRAJULU WRIT PETITION NO: 6944 of 1995 ORDER: The learned counsel for the petitioner represents that the petitioner died during the pendency of the writ petition and no Legal Representatives have been brought on record. 2. In view of the above representation, it is treated that the writ petition stands abated 3. Hence, the Writ Petition is dismissed as abated. ____________________ September 7,2004 KVR To 1 The Chairman, Visakhapatnam Port Trust Visakhapatnam-530 035 2. The Traffic Manager, Visakhapatnam Port Trust Visakhapatnam-530 035 3 Two C.D.Copies.