HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G. BHAVANI PRASAD W.P.M.P. No.15149 of 2009 in Review W.P.M.P. (SR) No.62250 of 2009 in W.P. No.20186 of 2008 and Writ Petition No.14603 of 2008 Date: 21-01-2010 W.P.M.P. No.15149 of 2009 in Review W.P.M.P. (SR) No.62250 of 2009 in W.P. No.20186 of 2008: Between: P. Bhaskar Rao .. Petitioner/Review Petitioner And The Government of A.P. rep. by its Secretary, Projects, Irrigation and CAD Department, Secretariat Buildings, Hyderabad and others .. Respondents W.P. No.14603 of 2008: Between: P. Bhaskar Rao .. Petitioner And The Government of Andhra Pradesh rep. by its Secretary, Projects, I & CAD Department, Secretariat Buildings, Hyderabad and others .. Respondents COMMON ORDER: (Per Ghulam Mohammed ,J) Heard Sri G. Vidyasagar, learned counsel for the petitioner, Sri M.V. Ramana, learned counsel for the 3rd respondent and learned Government Pleader for Services II for 1 and 2 respondents. One P. Bhaskar Rao filed W.P. No.14603 of 2008 seeking Writ of Mandamus to direct the respondents not to take any action in pursuance of the orders passed by the Andhra Pradesh Administrative Tribunal (for short “the Tribunal”) in O.A. No.1746 of 2007, dated 12-06-2008, on the ground that he is senior to one K. Mukunda, the 3rd respondent herein, and another, and that the 3rd respondent without making him party-respondent, filed O.A. No. 1746 of 2007, and as such, before considering the case of the 3rd respondent for promotion, his case has to be considered, and hence, prayed to set aside the same, as illegal and arbitrary. K. Mukunda, the 3rd respondent herein, filed O.A. No.1746 of 2007 assailing the orders issued by the Government in Memo. No.63145/Ser.VIII/2004, dated 02-03-2007, rejecting his case for promotion to the post of Research Officer in Soil Mechanics Laboratory by applying new Rules, even though the vacancies arose when the old Rules were in operation. The Tribunal while allowing the O.A., directed the respondents therein to identify the vacancy of Research Officer (SML) that was vacant at the time of drawing the list by the Departmental Promotion Committee (DPC) for the year 2006-2007 and fill up the same as per the old Rules contained in G.O. Ms. No.2052 PWD, dated 12-10-1970, and consider the case of the 3rd respondent herein for promotion to the post of Research Officer with effect from 05-02-2003. Aggrieved thereby, the State filed W.P. No. 20186 of 2008 before this Court, which was dismissed on 22-09-2008 confirming the order passed by the Tribunal in the said O.A. Now the petitioner in W.P. No. 14603 of 2008 filed the present W.P.M.P. No.15149 of 2009 seeking leave of this Court to file a petition for reviewing the order passed in W.P. No.20186 of 2008, dated 22- 09-2008 on the ground that he is senior to the 3rd respondent herein and that the writ petition filed by the State against the order in O.A. No. 1746 of 2007 filed by the 3rd respondent herein, was disposed of without impleading him as party-respondent. Sri Vidyasagar, learned counsel for the petitioner submitted that the petitioner herein filed O.A. No. 396 of 2007 before the Tribunal for a direction to the respondents therein to promote him to the post of Research Officer with retrospective effect from 1999 and to quash the minutes of the Departmental Promotion Committee, and the same is pending. He also submitted that the petitioner has filed an application seeking amendment of the prayer in the said O.A. assailing the order of the Government dated 02-03-2007, on several grounds. Even though the claim of the petitioner herein for review of the order dated 22-09-2008 in W.P. No.20186 of 2008, is based on the fact that the order in O.A., which was confirmed by this Court, was made without making him a party-respondent either in the O.A. or in the writ petition, and as he is senior to the 3rd respondent, his case has to be considered, and that if the order in W.P. No.20186 of 2008, which confirmed the order in O.A., is allowed to operate, he will be put to loss, but having regard to the fact that the petitioner herein has already filed an application before the Tribunal praying for amendment of the prayer in O.A. No.396 of 2007 filed by him, which is pending, and considering the fact that the orders passed in W.P. No. 20186 of 2008 on 22-09- 2008, have become final, we do not find any ground whatsoever to grant leave to the petitioner to file the application for review of the order passed in W.P. No.20186 of 2008. Hence, W.P.M.P. No. 15149 of 2009 is dismissed. Since the claim of the petitioner in W.P. No.14603 of 2008, is sub judice before the Tribunal in O.A. No.396 of 2007, we do not wish to express any opinion on the merits of the matter, suffice it to say that the order of this Court in W.P. No.20186 of 2008 shall not operate to the prejudice of the claims of the petitioner herein in O.A. No.396 of 2007. The Tribunal is at liberty to dispose of O.A. No.396 of 2007 in accordance with law on merits within a period of three months from the date of receipt of a copy of this order. Accordingly, W.P. No.14603 of 2008 is disposed of. _____________________ GHULAM MOHAMMED, J _____________________ G. BHAVANI PRASAD, J Date: 21-01-2010 Svv