THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No.2429 of 2010 ORDER: (Per GMJ) This writ petition is filed challenging the order dated 17.02.2009 passed in C.A.S.R.No.18385 of 2008 in O.A.No.5517 of 1999 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, in not registering the contempt application and the action of the official respondents in not implementing the orders of the Andhra Pradesh Administrative Tribunal, Hyderabad, (for short ‘the Tribunal’) dated 06.08.2004 passed in O.A.No.5517 of 1999 even though they have become final, and consequently to direct the official respondents to implement the order dated 06.08.2004 passed in O.A.No.5517 of 1999 and to accord all service and monetary benefits to the petitioner forthwith along with interest on the delayed payments. The petitioner, who was working as a retired Deputy Executive Engineer in the Panchayat Raj Engineering Department, retired on 30.06.2003 on attaining the age of superannuation. Since the third respondent, who is junior to him, promoted as Deputy Executive Engineer with effect from 03.08.1985 ignoring his seniority, the petitioner filed the above O.A. seeking to grant notional promotion to him to the post of Deputy Executive Engineer either prior to the date of promotion of the third respondent or from the date of third respondent’s promotion with all consequential benefits and to disposed of the representation of the petitioner dated 01.02.1999 within a specified time or to consider fresh representation within a period of one month after giving opportunity to the petitioner to appear in person. The Tribunal, confirming the seniority list dated 07.11.1997 of ENC, disposed of the O.A. on 06.08.2004. The operative portion of the said judgment reads as under: “In view of the foregoing conclusions, the ENC as well as the Government in Panchayat Raj Department are directed to undertake the review of the ad-hoc promotions earlier proposed to be ordered keeping in view the final confirmed seniority list issued by the ENC on 07.11.1997 and accord notional promotion to the Applicant on par with the party respondent No.3 Sri M. Konda Reddy with all consequential benefits of revision of pay in the concerned pay scales issued from time to time and also revision of fixation of his pensionary benefits. The respondents are directed to complete this review within a period of two months from the date of receipt of a copy of this order. O.A. is disposed of accordingly.” The petitioner approached the official respondents for implementation of the judgment of the Tribunal, but no action has been taken. Therefore, the petitioner filed representations dated 21.0.2004, 24.11.2004, 20.12.2004, 27.01.2005 and 28.02.2005. The official respondents informed the petitioner that a revised provisional seniority list of Assistant Executive Engineer has been communicated vide memo dated 18.06.2005 duly calling objections from the individual and after examining the same, a confirmed seniority list of Assistant Executive Engineers will be published and basing on that list, his case will be reviewed as per merits. The said provisional list prepared by the official respondents is also in favour of the petitioner. Since the official respondents are not implementing the orders of the Tribunal, the petitioner filed M.A.No.3038 of 2007 before the Tribunal, but no orders have been passed. Again the petitioner filed C.A.S.R.No.18385 of 2008 for implementation of orders of the Tribunal and the same was rejected on 17.02.2009 upholding the office objection stating that the application is beyond the limitation. Therefore, the petitioner filed the present Writ Petition. The learned Government Pleader for Services-II appearing for respondent Nos.1 and 2, fairly conceded that in the final seniority list prepared by the said respondents, the petitioner was placed at serial No.87 and he undertook that necessary action would be taken for implementing the orders of the Tribunal dated 06.08.2004 in O.A.No.5517 of 1999. Recording the statement of the Government Pleader, without going into the merits of the case, the Writ Petition is dismissed with a direction to respondent Nos.1 and 2 to take necessary action, in accordance with law, for implementing the orders of the Tribunal dated 06.08.2004 in O.A.No.5517 of 1999. The exercise of implementation shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. _______________________ GHULAM MOHAMMED, J ____________________ G. BHAVANI PRASAD, J 04th March, 2010 GHN