IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :2825 of 2008 Between: 1 The State of A.P., rep by its Principal Secretary, Agriculture and Coopertion Department, Secretariat Buildings, Hyderabad. 2 The Principal Chief Conservator Forest Andhra Pradesh Aranya Bhavan, Hyderabad 3 The Conservator of Forest Adilabad Circle, Adilabad. 4 The Divisional Forest Officer, Nirmal, Adilabad District. ..... PETITIONERS AND G. Neelakantam, Dy. Range Officer Special Duty Pembi Range,Nirmal Division, Adilabad Circle, Adilabad District.I. .....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 appropriate Writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to and connected with the order in O.A. No. 6976/2004 with VMA. No. 118/2005 dated 9-10-2006 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and to quash or set a side the same by holding as erroneous and contrary to law and pass such order or further orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondents: MR.C.SRINIVASA BABA The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :2825 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the orders in O.A.No.8782/2001 with VMA No:118 of 2005 on 9.10.2006. The respondent is the applicant and he filed the O.A. seeking a direction to declare the action of the respondents in withholding his promotion on the ground of pendency of departmental proceedings initiated in proceedings Rc.No:3894/2002/N6(1), dated 7.7.2002 as arbitrary and to direct the respondents to promote him as Deputy Range Officer in the existing vacancies before promoting any juniors to him with effect from the date of promotion of his immediate juniors without reference to the departmental proceedings. The tribunal having relied on the principles laid down by the Apex Court in the decision reported in NEW BANK OF INDIA V. N.P. SEHGAL AND ANOTHER ([1]) and having observed that G.O.Ms.No:424, G.A. (Services.C) Department, dated 25.5.1976 and G.O.Ms.No:257, G.A. (Service.C) Department dated 10.6.1999 are not applicable to the non selection post, held that since the post held by the applicant is a non selection post, he is entitled to be considered for promotion to the post of Deputy Forest Range Officers on par with his juniors without reference to the pendency of the disciplinary proceedings initiated against him. Having aggrieved by the same, the present writ petition is preferred by the respondents. Heard the learned Government Pleader and the learned Counsel for the respondent-applicant and perused the entire material available on record as well as the order impugned. Before going into the merits of the case, it is pertinent to note that the order impugned has been passed by the tribunal on 9.10.2006 whereas the present writ petition is filed in the year 2008. Thus, there is a delay of two years in challenging the order of the tribunal. But, no explanation is forth coming for such an inordinate delay in filing the writ petition. Hence, We feel that there are no bonafides in approaching this Court after a lapse of two years. Even the order impugned makes it clear that the tribunal has passed the order basing on the principles laid down by the Apex Court in the decision (citation-1 supra). Under the above circumstances, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ________________________ Justice T.Meena Kumari ____________________ Justice G.Chandraiah Dated:17.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2825 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 17/03/2008 [1] ATR 1991 (2) SC 110.