IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23905 of 2006 Between: 1 B. Lakshmi W/o. P. Sreenivas Rao Kothapeta, Tenali, Guntur District. 2 R. Sampoorna W/o. D. Hari Babu Morrispeta, Tenali, Guntur District. ..... PETITIONERS AND 1 The Commissioner, Tenali Municipality, Tenali, Guntur District. 2 The District Educational Officer, Guntur, Guntur District. 3 The Commissioner & Director of School Education, Government of Andhra Pradesh, Hyderabad. 4 A. Anjaneya Sharma Secondary Grade Teacher, O/o. Special Municipal Guntur District. 5 N. Mahesh Secondary Grade Teacher, O/o. Municipal U.P. School, Guntur District. .....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 in the nature of Mandamus or otherwise declaring the orders of the Hon'ble Tribunal dated 25-9-2006 in OA No. 3059/2006 with VMA No.1094/2006 & Batch as arbitrary, illegal and erroneous, violating Articles 14, 16 and 21 of the Constitution of India and set aside the same, including consequential proceedings if any issued by the 1st Respondent, and pass such other order or orders as it deems fit and proper. Counsel for the Petitioners: MR.P.V.KRISHNAIAH Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following ORDER: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.23905 OF 2006 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 25-9-2006 passed in OA No.3059 of 2006 with VMA No.1094 of 2006 and batch by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. Heard the learned counsel on both sides. 3. The above said OA was filed by the party respondents 4 and 5 herein to declare that they are entitled for promotion to the post of school assistant by taking into account their seniority in the cadre of SGTs following the DSC ranking instead of roaster points and to further declare the action of the official respondents 1 and 2 herein in effecting promotions to the post of school assistant as per the seniority list of SGTs dated 10-6-2005 prepared basing upon the roaster points and not adopting the DSC raking for the purpose of seniority as illegal and arbitrary etc. 4. The issue involved in this case is whether the seniority list in respect of the petitioners and the party respondents has to be prepared by following the ranking given by the DSC for considering promotions to the next higher post or it has to be prepared duly following the roster points in respect of persons belonging to the reserved categories. 5. We have perused the impugned order passed by the Tribunal. The Tribunal has not considered the above said issue on merits and rendered a decision, but disposed of the OA in terms of the earlier order passed by it in OA Nos.4991 of 2005 and batch, dated 12-9-2006 and no facts whatsoever are noted. 6. In this view of the matter, the impugned order passed by the Tribunal is set aside and the matter is remanded to the Tribunal for consideration afresh in accordance with law. The petitioners and the party respondents are at liberty to take such pleas as are available to them under law. 7. In the writ petition is accordingly allowed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 24th June, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}