IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8188 of 2008 Between: 1 The State of A.P., rep by its Prl.Secretary to Govt (W.P) Finance and Planning Dept., Secretariat, Hyderabad. 2 The Director of Works Accounts, A.P., Hyderabad. ..... PETITIONERS AND 1 T. Dayakar, Divisional Accounts Officer Grade-I, HUDA, Hyderabad. 2 K. Ravinder, Divisional Accounts Officer Grade-I, O/o. The Executive Engineer, North Buildings Division, Nampally, Hyderabad. .....RESPONDENTS 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 issue a Writ Order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders o the Hon'ble A.P.Admn. Tribunal, Hyderabad passed in O.A.No.5786/2003 dated 21-09-2007 as being erroneous, illegal and unreasonable and quash the same. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO :8188 of 2008 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is preferred by the petitioners aggrieved by an order, dated 21.9.2007 passed by the tribunal in O.A.No:5786 of 2003. The respondents herein are the applicants before the tribunal. They filed the above O.A., seeking a direction to the respondents to fill up all the vacancies of Assistant Pay & Accounts Officers/Accounts Officers in the office of the Chief Engineer with effect from the date on which the vacancies arose by considering the cases of the applicants and others by following note 1 of rule 3 of rules issued in G.O.Ms.No.86 dated 22.5.1998 for the panel years 2001-2002 and 2002-2003 and to conduct review DPC to consider the cases of the applicants for promotion with effect from the date on which other feeder categories such as Section Officers/Private Secretaries were considered with all consequential benefits such as seniority, arrears of pay etc., by declaring the action of the respondents in promoting only Section Officers/Private Secretaries ignoring other feeder categories as illegal, bad and arbitrary. The tribunal having observed that there is no convincing reason for not filling up the posts of Assistant Accounts Officer, which is admittedly meant for promotion from Divisional Accounts Officers and that giving promotions to the Section Officers and Private Secretaries by ignoring the other channels has undoubtedly caused prejudice to the applicants, as they got promotion subsequently by way of incharge arrangements in the year 2005 and that absolutely, there is no justification for the respondents in not considering the applicants for promotion from the channel of Divisional Accounts Officer to the slots meant for them as per Note 1 under Rule 3 of the service rules issued in G.O.Ms.No.86, while effecting promotions to the post of Assistant Pay & Accounts Officer from other channels and it is a discriminatory attitude and that the 1st applicant retired from service on 30.4.2005 on attaining the age of superannuation and that does not prevent the respondents to give him promotion as he would be entitled to the financial benefits and re-fixation of pension and the 2nd applicant has already been promoted vide G.O.Rt.No.3125, dated 26.7.2005, allowed the O.A. and directed the respondents to conduct review DPC for the panel years in question and consider the case of the applicants for promotion as Assistant Accounts Officer/Accounts Officer from the channel meant for Divisional Accounts Officer as per Note 1 of rule 3 of the Special Rules issued under G.O.Ms.No.86 and issue necessary orders within eight weeks from the date of receipt of the order. Heard the learned Government Pleader and perused the material available on record. A perusal of the order impugned goes to show that there is no hurdle for the respondents-authorities in effecting promotions to the posts of Assistant Pay & Accounts Officer from the channel of Divisional Accounts Officer and there is no legal impediment to effect the promotions from the channel of Divisional Accounts Officer. The observations made by the tribunal are in consonance with the rules issued in G.O.Ms.No.86. Apart from that, the 1st applicant retired from service and the 2nd applicant has already been promoted. In this background matter and in the present facts and circumstances of the case coupled with the rules in question, We have no hesitation to hold that the order of the tribunal, which does not suffer from any illegality or infirmity, needs no interference by this Court. At this stage, the learned Government Pleader contended that a contempt case has been filed before the tribunal for not complying with the order of the tribunal. In view of the above submission, We feel it just and proper to grant time till 31.8.2008, to comply with the order of the tribunal, which has been confirmed by this Court in this writ petition. It is needless to observe that till such time, the proceedings in the contempt case pending before the tribunal, shall stand stayed. Subject to the above observations, the writ petition is disposed of. No order as to costs. _________________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 16th April, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8188 of 2008 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 16.4.2008