THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.21513 OF 2011 Date:01.08.2011 Between: Government of Andhra Pradesh, represented By its Principal Secretary to Government, Transport Roads and Buildings, Transport-I Department, Andhra Pradesh Secretariat, Hyderabad and others .. Petitioners And Tasab Basheer and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.21513 OF 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) This writ petition, by the Government of Andhra Pradesh, Transport Secretary and his sub-ordinate officials, is filed against the order of the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity, the Tribunal), dated 15.04.2010, in O.A.No.7829 of 2006. By the said order, the Tribunal disposed of the said O.A., filed by the first respondent herein directing the petitioners to consider the case of the first respondent for extending seniority from the date of his initial appointment on temporary basis, if he is similarly situated to that of Mr.G.Siva Reddy and M.Munaiah by taking into consideration the Government Memo, dated 04.10.1977. The brief fact of the matter to the extent necessary for disposal of the writ petition, at the admission stage, is as follows. The first respondent temporarily joined as Typist on 28.10.1972 and was regularly appointed on 30.11.1976. Subsequently, he was promoted as Senior Assistant and thereafter as Superintendent. The final seniority list in the cadre of Senior Assistant was issued on 16.03.1993. Aggrieved thereby, the first respondent filed an appeal before the third petitioner, who rejected the same on 23.11.1994. Then, the first respondent preferred a revision before the second respondent, who also rejected it on 27.09.1999. The first respondent then filed appeal before the Government - the first petitioner herein, who called for the remarks from the second respondent. Thereafter, the second petitioner issued proceedings rejecting the request of the first respondent, inter alia, on the ground that the reopening of the seniority was not warranted in the facts and circumstances of the case. The first respondent then filed Original Application being O.A.No.7829 of 2006 before the Tribunal. Inter alia, he contended that in the fixation of seniority, Mr.G.Siva Reddy and Munaiah were given the benefit of temporary service for the purpose of promotion, whereas the same was denied to him. Taking this into consideration, the Tribunal disposed of the said O.A., as indicated supra. The learned Government Pleader (Services-II) relied on B.S.Bajwa v. State of Punjab[1] and submits that as the seniority list was settled and finalized way back in March 1993, the direction issued by the Tribunal to extend the seniority to the first respondent from the date of his initial appointment is erroneous and sustainable. It is settled law in service matters that the question of seniority should not be reopened after lapse of a reasonable period because that results in disturbing the settled position which is not justifiable. Such reopening of the seniority would certainly introduce elements of uncertainty and adhocism in the administration. It does not, however, mean that the competent authority sit over the matter and allows the appeal to remain on its file for a long time and when the order is challenged, take the plea that reopening of the final seniority is improper. In this case, the final seniority was issued on 16.03.1993. The first respondent immediately went in appeal, which was rejected on 23.11.1994. The first respondent thereafter pursued the matter with the second petitioner as well as the Government. It took almost 12 years for the second petitioner to pass the impugned order, which is assailed before this Court. Therefore, we do not find any strong reason to interfere with the order of the Tribunal. The writ petition is misconceived and is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ____________________ (K.G. SHANKAR, J) 01.08.2011 KH [1] (1998) 2 SCC 523