IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 23030 of 2000 Between: Mr. Inder Singh, S/o. Late Sukh Ram, R/o. Vidyanagar, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Employment & Social Welfare Department, Secretariat Buildings, Hyderabad. 2 The Director of Training, DGE&T, (Ministry of Labour), Shrama Shakti Bhavan, New Delhi. 3 The Director, Advanced Training Institute, Vidyanagar, Hyderabad-500 007. 4 Smt. R.Rajeswari Devi, L.D.C., ATI, Vidyanagar, Hyderabad. 5 The Mandal Revenue Officer, Ongole, Prakasam District. .....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 issue a Writ or order or direction more particularly one in the nature of Writ of Certiorari quash and the Judgment of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad passed in Transfer Application No.1 of 2000 dated 1st March, 2000 being illegal, arbitrary and violative of Article 14 and 16 of Constitution of India and consequently directing the 4th Respondent not to intermeddle in any manner with the public post of Lower Division Clerk in the 3rd Respondent Institution by declaring that the public post namely, Lower Division Clerk to which the 4th Respondent was initially appointed in the 3rd Respondent Institution as vacant and consequently declare that the promotion of the 4th Respondent to the post of Upper Division Clerk on 10-8-1998 is illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and pass such further or other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.T.LAKSHMI NARAYANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following: ORDER: (Per Sri Justice V.Eswaraiah) Transfer Application No.1 of 2000 on the file of the Central Administrative Tribunal filed by the petitioner to declare the appointment of the 4th respondent basing on the Caste Certificate produced by her as illegal and arbitrary and not to give any promotion to the 4th respondent, was dismissed by the Tribunal on the ground that the Tribunal cannot decide the status of the parties, but, however, liberty was given to the petitioner to question the Caste Certificate in accordance with the rules by initiating such proceedings as he deems fit. In fact, the petitioner herein was promoted on 19.2.1998, but whereas the 4th respondent was promoted six months later i.e., on 10.8.1998. Therefore, it cannot be said that the petitioner is an aggrieved party. So far as the promotions are concerned, we do not see any infirmity, legal or otherwise, in the impugned order passed by the Central Administrative Tribunal. However, if the Caste Certificate produced by the 4th respondent is not genuine, it is always open for the petitioner or any other party to pursue remedies available to them in accordance with law. The writ petition is accordingly dismissed. No order as to costs. _______________ V.ESWARAIAH, J. __________________ P.SWAROOP REDDY, J. 28.7.2009 kpr