IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.21950 of 1999 Between: T.Raja Rao, S/o. Venkataramaiah, R/o. Hyderabad. ..... PETITIONER AND 1 The Secretary to Government, General Administration (Tourism) Department, Secretariat, Hyderabad. 2 The Commissioner and Director of Tourism, Andhra Pradesh, 5th Floor, Gangan Vihar, M.J.Road, Hyderabad. 3 Y.Balaraj, C/o. Commissioner and Director of Tourism Andhra Pradesh, 5th Floor, Gangan Vihar, M.J.Road, Hyderabad. 4 M.Krishna Rao, C/o. Commissioner and Director of Tourism Andhra Pradesh, 5th Floor, Gangan Vihar, M.J.Road, Hyderabad. 5 P.M.Subhani, C/o. Commissioner and Director of Tourism Andhra Pradesh, 5th Floor, Gangan Vihar, M.J.Road, Hyderabad. 6 The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Hyderabad. .....RESPONDENTS 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 to issue a writ order or direction particularly one in the nature of writ of certiorari after calling for the records relating to the order in OA.No.61642/90 dt. 20.1.1998 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same and consequently declare that the petitioner is entitled to be promoted to all categories from the date when the un-official respondents were promoted with all consequential benefits and pass Counsel for the Petitioner:MR.M.PANDURANGA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following: Form-NIC-OGS/WP{PRASAD} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.21950 of 1999 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner filed O.A.61642/1990 on the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) seeking a direction to respondents 1 and 2 to regularize his services in the cadre of Assistant Tourist Information Officer and protect his seniority by assigning him at an appropriate rank over and above respondents 3 to 5, and consequently consider his case for promotion to the higher cadre i.e. Tourist Information Officer/Assistant Director in preference over respondents 3 to 5. The O.A. was filed in 1990 and it was dismissed on 20.01.1998 i.e. after 8 years on the ground that respondents 3 to 5 were promoted in 1979, 1980 and 1985 and the petitioner approached the Tribunal at the belated stage, ranging from 5 to 11 years, and therefore, the petitioner is not entitled to claim any relief upsetting the seniority of the unofficial respondents. The learned counsel for the petitioner submits that the Tribunal not only dismissed the O.A. on the ground of latches on the part of the petitioner, but also on merits without discussing anything about the merits. In so far as the delay in approaching the Tribunal, it is the case of the petitioner that he was working in Information and Tourism Department, whereas the unofficial respondents are working in the Head Office of the same Department and therefore, the seniority list for the promotional post was not communicated and he was not having any information about their temporary promotion. It is stated that the unofficial respondents were given regular promotions only in the year 1990 and OA was filed immediately in the year 1990. It is stated that having admitted the OA the Tribunal ought not to have dismissed the same on the ground of delay of 8 years without considering the contentions of the petitioner with regard to merits of the case. We are not inclined to express any opinion on the merits of the case. Admittedly, the Tribunal did not consider the merits of the case. The Tribunal also did not consider the issue with regard to regular promotions of the unofficial respondents that were made in 1990. Therefore, we are of the opinion that it is just and proper to set aside the impugned order and remit back the matter to the Tribunal to consider the rival contentions of both parties afresh and pass appropriate orders, in accordance with law. The Writ Petition is accordingly allowed. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ P.SWAROOP REDDY,J Dated: 22.06.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary to Government, General Administration (Tourism) Department, Secretariat, Hyderabad. 2 The Commissioner and Director of Tourism, Andhra Pradesh, 5th Floor, Gangan Vihar, M.J.Road, Hyderabad. 3 The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Hyderabad. 4 2. 2CCs to 5. 2CD copies