IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 959 of 2000 Between: K.Bikshamaiah S/o.Sayanna Revenue Department Secretariat, Hyderabad ..... PETITIONER AND 1 Government of Andhra Pradesh Rep.by its Chief Secretary Secretariat Buildings, Hyderabad 2 Principal Secretary, Government of Andhra Pradesh Revenue Department Secretariat Buildings, Hyderabad 3 B.Narsing Rao General Administration Dept., Secretariat, Hyderabad 4 Commissioner of Commercial Taxes Government of Andhra Pradesh Nampally, Hyderabad .....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 an appropriate writ, order or direction preferably one in the natrue of writ of certiorari calling for the records relating to the order Dt.4/12/1999 made in OA.No.4107/98 on the file of the A.P.Administrative Tribunal Hyderabad and that of the proceedings of the 1st respondent herein dt.25/03/1998 vide GO.Ms.No.32, General Administration (SU.I) Department and quash the same and further direct the official respondents to refix the seniority of the petitioner and the 3rd respondent in the cadre of Section Officer, forthwith and pass such other order. Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 4.12.1999 passed in O.A. No. 4107 of 1998 by the Andhra Pradesh Administrative Tribunal, Hyderabad. O.A.No. 4107 of 1998 was filed under Section 19 of the Andhra Pradesh Administrative Tribunals Act 1985 praying to declare the proceedings in G.O.Ms.No. 32 dated 25.3.1998 issued by the General Administration (SU.1) Department as illegal and to declare that the third respondent B. Narsing Rao cannot be given retrospective seniority over the applicant by including his name in the panel year of 1991-92. Heard the learned counsel appearing for the petitioner and also the learned Government Pleader for Services-II. The Tribunal rendered the judgment on merits stating that the applicant has filed a false affidavit and obtained interim order on such false representation, and relying on the judgment of the Supreme Court reported in DR. VIJAY KUMAR KATHURIA VS. STATE OF HARYANA[1], it was held that by virtue of the proceedings of the first respondents dated 25.3.1998 vide O.O.Ms.No. 32, General Administration (SU.I) Department, the third respondent was correctly promoted in the cadre of Section Officer in the Secretariat and accordingly directed the applicant to pay a sum of Rs. 500/- each by way of costs to the respondents. In the circumstances of the case, we see no reasons to interfere with the order passed by the Tribunal. The order of the Tribunal does not suffer from any irregularity or illegality warranting to exercise certiorari jurisdiction of this Court. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 19.2.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh Rep.by its Chief Secretary Secretariat Buildings, Hyderabad 2 Principal Secretary, Government of Andhra Pradesh Revenue Department Secretariat Buildings, Hyderabad 3 B.Narsing Rao General Administration Dept., Secretariat, Hyderabad 4 Commissioner of Commercial Taxes Government of Andhra Pradesh Nampally, Hyderabad 5. 2 CCs to G.P. for Services-II, High Court of A.P. Buildings, Hyderabad 6. 2 CD copies [1] AIR 1983 SC 622