IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6322 of 2008 Between: Mohd.Nawab Jani, Asst.Commissioner of Labour(Retd.), M.I.G.S.H.B.Colony, Seethammadhara, VISAKHAPATNAM. ..... PETITIONER AND 1 State of A.P., rep by the Principal Secretary Labour Employment Taining and Factories Department,A.P. Secretariat, Hyderabad. 2 The Commissioner of Labour,Government of A.P., T.Anjaiah Karmika Samkshema Bhavan, RTC X Roads,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 to issue a writ, order or direction more particularly one in the nature of writ of certiorari and call the records from A.P.Administrative Tribunal, Hyderabad in .OA No.8003/05, dated 25.1.08 and quash the same as illegal arbitrary and consequently direct the respondents treat the compulsory wait period from 21-7-92 to 28-2-93 as on duty under FR9(13) Asst.Commissioner of Labour since there is delay in issue of posting orders by the Department and consider all the monitory benefits accruable to him and to direct the respondents to immediately review petitioner's promotion in the cadre of Asst. Commissioner of Labour by considering Petitioner's seniority as per the final seniority list to the Assistant Labour Officer which was communicated to the individual and the A.P.Administrative Tribunal also in their interim orders dated 15-7-1992 in O.A.NAO.50363 of 1991 filed by me in which it directed the respondents to review the promotions and to direct the respondents to review the petitioner's promotion and promote him as Asst.Commissioner of Labour in accordance with the final seniority list issued with regard to the Asst.Labour Officer, by setting aside the proceedings of the commissioner of Labour, Hyderabad issued in A-1/3990/92 dated 13.3.2003 Counsel for the Petitioner:MR.S.PRASAD RAO Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6322 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The petitioner filed the present writ petition seeking for a Writ of Certiorari to call for the records relating to the order of the A.P. Administrative Tribunal, Hyderabad in O.A. No. 8003 of 2005, dated 25.1.2008 and to quash the same. He also sought a consequential direction to the respondents to treat the compulsory wait period from 21.7.92 to 28.2.93 as on duty under Fr 9(13) as Asst. Commissioner of Labour since there is delay in issue of posting orders by the Department and to grant the monetary benefits; and to direct the respondents to review the promotion of the petitioner in the category of Assistant Commissioner of Labour by considering his seniority issued with regard to Assistant Labour Officer, by setting aside the proceedings of the Commissioner of Labour, Hyderabad issued in A- 1/3990/92, dt. 13.3.2003. The petitioner filed the aforesaid O.A., namely, O.A. No. 8003 of 2005 before the Tribunal seeking the very same relief. The Tribunal, through the impugned order, dismissed the said O.A. as time barred. Hence the present writ petition. Heard the learned counsel for the petitioner and perused the impugned order. Admittedly, the cause of action has arisen for the petitioner as far back as in the year 1993 and the petitioner filed the O.A. impugned in this writ petition nearly after a period of twelve long years and there is no explanation forthcoming from the petitioner as to why he had instituted the said O.A. with such an inordinate delay. The Tribunal, was therefore, justified in dismissing the O.A. as time barred. Hence, we do not find any illegality or irregularity in the order of the Tribunal warranting interference. The writ petition fails and the same is accordingly dismissed. No costs. ___________________ T. MEENA KUMARI,J DATE: 26th March, 2008 ___________________ S. ASHOK KUMAR, ,J pnb