THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH W P No.25605 of 2006 K. Gandhi Prasad v. The Regional Joint Director of Intermediate Education, Guntur and another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH W P No.25605 of 2006 Oral Order: (Per Sri GM, J) 1) The petitioner herein was initially appointed as Junior Assistant and was subsequently promoted as Senior Assistant. It is the case of the petitioner that he is fully qualified and eligible for being appointed as Junior Lecturer, as per G.O.Ms.No.939 dated 19- 9-1973, therefore, he submitted representation in the year 1989 to the authorities requesting them to consider his case for recruitment by transfer to the post of Junior Lecturer in commerce, but his case was not considered in that year. Subsequently the petitioner was appointed as Junior Lecturer in Commerce by proceedings of the respondent dated 27-9-2001. According to the petitioner he is entitled for such appointment as Junior Lecturer as long back as in the year 1991, in which year the 2nd respondent-unofficial respondent was promoted, and therefore he filed the instant O.A. challenging the proceedings of the 1st respondent dated 15-2- 2003. 2) From a perusal of the material on record, it is not in dispute that the unofficial respondent was promoted as Junior Lecturer in the year 1991, having been selected after due process, the applicant was subsequently promoted in the year 2001, and filed the O.A. in the year 2003, after a gap of 12 years. Learned counsel for the petitioner reiterating the contentions that were urged before the Tribunal, mainly contends that the respondent authority rejected his claim though the petitioner is entitled for such appointment being eligible candidate, and that immediately after coming to know about the appointment of the unofficial respondent he made representation to the authorities seeking the above relief and therefore the Tribunal ought to have entertain the O.A. This argument is untenable. Firstly the appointment by transfer was effected in favour of the unofficial respondent pursuant to the Departmental Promotion Committee held in the year 1990, wherein the petitioner got lesser marks than the unofficial respondent. Secondly, the petitioner approached the Tribunal after getting promotion in the year 2003, i.e. after a gap of 12 years virtually seeking to unsettle the settled things. That apart, if the petitioner has any grievance, he has to approach the Tribunal within a period of one year from the date of such cause of action, as per section 21 of the Administrative Tribunals Act. 3) For the above reasons, we are of the view that the Tribunal, rightly so, declined to entertain the O.A. In the circumstances, we do not see any ground to entertain the writ petition, the writ petition fails and is dismissed. No costs. ______ GM, J ______ GC, J 18-8-2010-KK THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH W P No.25605 of 2006 18-8-2010