THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE K.G.SHANKAR W.P.No.15350 of 2005 ORDER: (Per Sri Justice Ghulam Mohammed) The petitioner was appointed as Attender in Hyderbad Urban Development Authority (HUDA)-first respondent. Seeking promotion to the post of Junior Assistant, himself and others filed O.A.Nos.52596 to 52604 of 1990 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’), which in turn disposed of the same on 10.02.1998, directing the respondents to consider the case of the petitioner and others for appointment by transfer as Junior Assistant in accordance with the rules, based on merit and seniority. Questioning the said order, the respondents filed W.P.No.26426 of 1998 and the same was also disposed of on 20.10.1998 fixing two months time to consider the case of the petitioners therein as directed in O.As. As the said order has not been complied, the petitioner filed C.C.No.1130 of 1999, which was closed by virtue of the proceedings dated 26.08.1999, wherein it was mentioned that there are no vacancies of Junior Assistant posts and the case of the petitioner will be considered for promotion having regard to combined seniority list in which the length of service will also be taken into consideration. But, as their case for promotion has not been considered, the petitioner and another again filed O.A.No.6949 of 1999 before the Tribunal, which in turn dismissed the same on 12.10.2004 as it is time barred and not maintainable. Aggrieved by the same, the petitioner filed the present writ petition. 2. Respondent No.1 filed counter stating that the petitioner has appeared for written test and oral interview conducted on 20.01.1992 and 24.01.1992 respectively, for promotion to the post of Junior Assistant from the feeder category, but he was not qualified. It is stated that another test was also conducted for promotion on 09.03.1993, but the petitioner did not appear and therefore, he was not promoted. It is also stated that as the petitioner approached the Tribunal nearly fourteen years after the promotion was given to the third respondent, the Tribunal has rightly dismissed the O.A. 3. Heard both sides. 4. Learned counsel for the petitioner contended that though the petitioner was successful in the earlier O.As as well as W.P., the Tribunal ought not to have dismissed O.A.No.6949 of 1999, on the ground that it is time barred. He submitted that the petitioner is now seeking retrospective promotion w.e.f. 03.06.1985. 5. Learned Standing Counsel for the first respondent reiterating the averments made in the counter affidavit contended that the Tribunal has rightly dismissed the O.A. as it was time barred. 6. Heard the learned counsel on either side and perused the material on record. Admittedly, there was a direction to the respondents to consider the case of the petitioner for promotion to the post of Junior Assistant right from the beginning in O.A.Nos.52596 to 52604 of 1990, W.P.No.26426 of 1998 and C.C.No.1130 of 1999. It is also not in dispute that the respondents vide proceedings dated 27.08.1999, gave assurance that the case of the petitioner will be considered for promotion whenever vacancy arises, having regard to combined seniority list in which the length of service will also be taken into consideration. The order of dismissing O.A.No.6949 of 1999 on the ground that it was time barred is not sustainable since the direction given to the respondents since 1998 is not complied till date. Since the order passed in O.A.Nos.52596 to 52604 has attained finality and O.A.No.6949 of 1999 was dismissed on the ground of limitation but not on merits, we are of the view that the petitioner is entitled for retrospective promotion to the post of Junior Assistant notionally from 03.06.1985. In the circumstances, the respondents are directed to give retrospective promotion to the petitioner as Junior Assistant notionally from 03.06.1985 and to grant monetary benefits from the year 2002. With the above directions, the Writ Petition is allowed, setting aside the order impugned. No costs. _________________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:30.06.2011 sj