IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 17193 of 1999 Between: 1 Ch Laxman Rao S/o Late Rajeshwar Rao Medak. 2 K.Panduranga Reddy S/o Laxman Reddy Nalgonda. 3 B.Janardhan Reddy S/o Late narasimha Reddy, Mahaboobnagar. ..... PETITIONER(S) AND 1 State of A.P., Rep by its Prl Sec to Govt, Home Dept., Secretariat, Hyd., 2 Director General & Inspector General of Police, A.P., Hyd., 3 P.Kishan Rao s/o & age not known, Hyd., 4 The Registrar, A.P., Admn., Tribunal, Hyd., .....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 issue a writ order or direction more in the nature of writ of certiorari calling for the records relating the orders of teh Tribunal, dt 18-6- 99 in OA No.7240/98 and quash the same by holding as illegal and arbitrary and further declare the G.O.Ms No.261, dt 12-9-98 as illegal, arbitrary and contrary to the rules and further direct the respondents to prepare a fresh seniority list by following rules 33 (a) of General Rules by including the names of the petitioners at the appropriate place by taking into account G.O.MS. NO.333 DT 3-9-96 and G.O.Ms.382, dt 4-11-96 with all consequently benefits. Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) Petitioners are applicants in O.A.No.7240 of 1998 on the file of the A.P.Administrative Tribunal and the said O.A., was filed questioning the orders of the Government in G.O.Ms.No.261, dated 12.9.1998 and to quash the same and to consider their cases for promotion from the date of commencement of their probation as per G.O.Ms.No.333, dated 3.9.1996 and declaration of their probation vide G.O.Ms.No.382 dated 4.11.1996. The Tribunal dismissed O.A.No.7065 of 1998 and the connected O.A.No.7201 of 1998 by order, dated 26.4.1999, upholding the validity of the said G.O.Ms.No.261, dated 12.9.1998. However, it was directed that if the petitioners/applicants in those O.As., are otherwise eligible for promotion their cases shall be considered for promotion in accordance with the Rules. Aggrieved by the said order in O.A.No.6955 of 1998, W.P.No.17087 of 1999 was filed and the same was dismissed as infructuous by this Court by order dated 22.1.2009 on the ground that the Tribunal directed to consider the cases of the petitioners for promotion, if they are otherwise eligible in accordance with the Rules. Due to efflux of time, the cause in the writ petition does not survive for adjudication and the writ petition has become infructuous. We are of the opinion that if the judgment of the Tribunal in O.A.No.7065 of 1998, dated 26.4.1999 upholding the validity of the said order of the Government has become final, the petitioners are not entitled for any relief. However, as the Tribunal has directed to consider the cases of the petitioners, if they are otherwise eligible for promotion in accordance with Rules, we are of the opinion that the cause in the writ petition does not survive for adjudication. The writ petition is accordingly dismissed as infructuous. No order as to costs. __________________ V.ESWARAIAH, J. _______________________ P.SWAROOP REDDY, J. 24.6.2009 kpr