THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION NOs.26072 AND 27717 OF 2011 COMMON ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) This common order shall dispose of both the Writ Petitions filed against two separate orders dated 27.07.2011 of the Andhra Pradesh Administrative Tribunal, Hyderabad (Tribunal), refusing to review the common order dated 21.04.2011 in O.A.Nos.4842 and 6369 of 2008. The first respondent herein filed O.A.No.4842 of 2008 challenging Memo No.15862/A1/2007-2, Health, Medical & Family Walfare (A1) Department, dated 12.10.2007, of the Government of Andhra Pradesh retrospectively revising the seniority of the petitioner herein. The proceedings in Rc.No.28647/E1-A/2006 dated 19.11.2007 of the Director of Medical Education (DME) giving notional promotion to the petitioner was also challenged in the same O.A. In addition, the first respondent also filed O.A.No.6369 of 2008 challenging the Government Order being G.O.Ms.No.251, Health, Medical and Family Welfare (A1) Department, dated 14.07.2008, where under the recommendation of the screening committee to promote the petitioner was approved. Both these O.A.s were heard together. By common order dated 21.04.2011, the learned Tribunal set aside the order of the DME giving notional promotion to the petitioner and the order of the Government promoting the petitioner as Professor of ENT. The petitioner’s review application as mentioned supra was rejected. Aggrieved by which these Writ Petitions were filed. The first respondent was appointed as Civil Assistant Surgeon on 24.10.1987. About three years thereafter, he was appointed by transfer as Assistant Professor of ENT and was promoted as Associate Professor of ENT on 06.08.2004. The petitioner herein was appointed as Civil Assistant Surgeon in 1986-87 and promoted as Associate Professor of ENT on 06.09.2006. In the provisional seniority list of Associate Professors, dated 07.09.2007, the first respondent was placed at Sl.No.6 whereas the petitioner was placed at Sl.No.12. The petitioner filed O.A.No.4572 of 2007 for a direction to the Government and DME to consider his case for promotion as Assistant Professor. By an interim order dated 08.08.2007, the learned Tribunal directed the Government to consider the representation of the petitioner. The Government directed the DME to examine the matter where after the latter informed that the petitioner is debarred for promotion in view of the punishment of stoppage of one annual grade increment without cumulative effect. Even while so informing, the DME issued orders on 12.10.2007 notionally promoting the petitioner as Associate Professor on par with others in the panel year 2003-04. There was no order passed by the Government relaxing the rule in this regard. This further led to the DPC considering the case of the petitioner and recommending to the post of Professor, which was accepted vide G.O.Ms.No.251 dated 14.07.2008. Considering the rival contentions, the learned Tribunal correctly came to the conclusion that grant of notional promotion to the petitioner while he was undergoing the punishment of stoppage of increments was illegal; there was no relaxation orders passed by the Government; and that consequent recommendations of the DPC is also illegal. There is no dispute that in the category of Assistant Professor as well as Associate Professor, the first respondent is senior. As per Rule 3 read with Sl.No.4 of Annexure I of the Andhra Pradesh Medical Education Service Rules, the method of appointment to the post of Professor (Clinical) is from the category of Associate Professor in the concerned speciality based on the seniority. The first respondent was promoted as Associate Professor on 06.08.2004 whereas the petitioner herein was promoted on 05.09.2006. Therefore, the impugned order of the Tribunal refusing to review its earlier order does not suffer from any grave error apparent on the face of the record. These two Writ Petitions are misconceived and are, accordingly, dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 11th October 2011 RRB