IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15800 of 2008 Between: 1 The Superintendent of Post Offices, Ananthapur Division, Ananthapur. 2 The Superintendent of Post Offices, Kurnool Division, Kurnool . 3 The Postmaster General, Kurnool REgion, Kurnool. 4 The Postmaster Georgepet post Office, Ananthapur. ..... PETITIONERS AND R.S.Madanlal S/o. Shamkarlal(Late) Ananthapur Town Ananthapur. .....RESPONDENT 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 an order or direction more particularly in the nature of Writ of Certiorari, call for the records with regard to order dt. 22-2-2007 in O.A.No. 967 of 2005 of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same as illegal, arbitrary, contrary to law and unconstitutional. Counsel for the Petitioner: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent: The court made the following order: THE HON’BLE MR JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR JUSTICE C.V.RAMULU Writ Petition No.15800 of 2008 ORDER:(per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed questioning the order, dated 22.02.2007, passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in O.A.No.967 of 2005. The respondent herein filed the above O.A., seeking permission to appear for the examination conducted for filling up of backlog vacancies of ST in-service candidates for promotion to the cadre of Postal Assistant, pending disposal of O.A.No.81 of 2005. The Tribunal taking into consideration that the respondent herein had already been permitted to appear for the examination by way of interim order in O.A.No.967 of 2005, considered it appropriate to direct the respondents to publish the results and proceed further in accordance with the Rules. However, it is observed that in case the applicant succeeds in the examination and gets an appointment, the appointment shall be subject to the result of O.A.No.81 of 2005 wherein interim order has been granted directing the petitioners herein to continue the applicant as an in-service candidate until further orders. Accordingly, O.A.No.967 of 2005 was disposed of. Aggrieved thereby, the petitioners filed the present writ petition. Heard the learned counsel. We have perused the order impugned and the material on record. The respondent herein was appointed as Postman on 28.06.2002 on compassionate grounds under medical invalidation scheme, on the retirement of his father. As there was a dispute as to the number of vacancies to be allocated for filling up of the posts under medical invalidation scheme, the respondent was issued notice of termination, dated 24.01.2005, which he challenged in O.A.No.81 of 2005, wherein the Tribunal granted interim orders to continue the respondent till the disposal of the O.A. In the meanwhile, as the respondent was not permitted to appear for departmental examination for promotion to the cadre of Postal Assistant, he filed O.A.No.967 of 2005, wherein a direction was issued permitting the respondent to appear for the examination. By the impugned order, the Tribunal disposed of the said O.A., with the directions as afore stated. Now, there is no dispute that O.A.No.81 of 2005 was allowed by the Tribunal on 31.10.2007. Against the said order, the department filed W.P.No.15820 of 2008 and by a separate order passed by us today, we dismissed the said writ petition. In view of the fact that the order passed by the Tribunal in O.A.No.81 of 2005 has been upheld by us, we do not find any error in the impugned order warranting interference by this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed, at the admission stage. No costs. _________________________ GHULAM MOHAMMED, J _______________ C.V.RAMULU, J Dt.23.07.2008 VGB