IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.9217 of 2009 Between: Smt.Ch.Rajyalakshmi W/o.late Sri Anuraga Saran O/o The Chief Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. ..... PETITIONER AND 1 The Chief Commissioner of Customs & Central Excise, Visakhapatnam Zone, Central Excise Building, Port Area, Visakhapatnam 530 035. 2 The Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. 3 Sri.S.Kameswara Rao S/o.not known O/o The Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. 4 Sri.K.Ravishankar S/o.not known O/o The Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. 5 Sri.D.Srinivasa Rao S/o.not known O/o The Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. 6 Sri.D.S.R.K.V. Prasad S/o.not known O/o The Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. 7 Sri.A.Raghurarn S/o.not known O/o The Commissioner of Customs & Central Excise, Customs House, Port Area, Visakhapatnam 530 035. (Respondents 3-7 are not necessary for this W.P.) .....RESPONDENT(S) 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 appropriate writ, order or Writ of Certiorari calling for the records in OA 466 of 2008 dt. 25.11.08 from Central Administrative Tribunal, Hyderabad and quash the same and consequently direct the respondents to consider the case of the petitioner for deputation as Air customs officer at Anna International Airport, Chennai and pass. Counsel for the Petitioner:MRNVIJAY Counsel for the Respondent No.: A.RAJASHEKAR REDDY SR SC FOR C &C EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.9217 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the order, dated 25-11-2008, passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short “the Tribunal”) in O.A.No.466 of 2008. It is the case of the petitioner that as per Circulars dated 05- 12-1995 and 24-07-2007, she is eligible for considering her case for posting as Air Customs Officer (ACO) at Chennai Air Port for a period of two years on deputation. But, however, the respondents have not considered her case. Therefore, she filed O.A.No.466 of 2008 before the Tribunal seeking a direction to the respondents to consider her case for posting as Air Customs Officer (ACO) at Chennai Air Port on par with her juniors, basing on the seniority and eligibility. The Tribunal by order, dated 25-11-2008, dismissed the said O.A. Aggrieved by the same, this writ petition has been filed. It is the case of the respondents that they have considered the cases of more meritorious persons, who got three “very good” remarks in their last five years service. The petitioner has got all “good” remarks but not “very good” and, therefore, her case was not considered. A perusal of the material available on record goes to show that the respondents considered the cases of more meritorious persons, who got three “very good” remarks in their last five years service. Admittedly, the petitioner got all “good” remarks but not “very good” and as such, she was not sent on deputation. Therefore, the said consideration cannot be said to be illegal and arbitrary. The law is well settled that Courts cannot substitute themselves as appellate authorities and interfere with the conclusions of expert bodies. Therefore, we are of the opinion that the Tribunal rightly dismissed the said application. Hence, we do not see any infirmity either legal or otherwise in the impugned order so as call for interference by this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 23-06-2009 Prv