IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18030 of 1999 Between: P.Satyanarayana S/o.late P.Sriramulu Paaterallapali Srikakulam District ..... PETITIONER AND 1 The Government of Andhra Pradesh rep.by its Secretary B.C.Welfare Department Telugu Samkshema Bhavan Hyderabad 2 The Commissioner of B.C.Welfare Telugu Samkshema Bhavan Hyderabad 3 District B.C.Welfare Officer N.T.R.Office Complex, near Collectorate Srikakulam 4 Asst. Social Welfare Officer (B.C) Srikakulam No.2 Indira Nagar Colony Opp:Duglous School Srikakulam 5 K.Ranga Rao C/o.District B.C.Welfare Officer NTR Office Complex, Srikakulam 6 N.Appa Rao C/o.District B.C.Welfare Officer Tekkalu Srikakulam .....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 a writ of mandamus and declare the order in OA.No.2514/1999 Dt.07/05/1999 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal Hyderbad as illegal and contrary to law and consequently set aside the same and consequently direct the respopndents to promote the petitioner as Junior Assistant by taking into account his past service rendered as attender with all consequential benefits on par with his juniors and pass such other order. Counsel for the Petitioner:MR.P.LAKSHMANA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18030 of 1999 Oral Order : ( Per Sri GM, J ) This Writ Petition has been filed challenging the order dated 7- 5-1999 passed in O.A.No.2514 of 1999 by the Andhra Pradesh Administrative Tribunal, at Hyderabad as being illegal, arbitrary and contrary to law and consequently seeks a direction to the respondents to promote the petitioner as Junior Assistant by taking into account his past service rendered as Attender with all consequential benefits. The case of petitioner, who joined as Attender in Government Boys Hostel, Patrallapalli, Srikakulam District, is that he is fully qualified and eligible to be promoted as Junior Assistant and that without considering his case,. respondents 5 and 6 herein, who are juniors to him, have been promoted as Junior Assistants. Hence, he approached the Tribunal by way of O.A.No.2514 of 1999. The Tribunal by impugned order directed the authorities to consider the case of the petitioner along with others in accordance with rules, in case there are vacancies of Junior Assistants meant to be filled up by appointment by way of transfer from the cadre of Attender to the post of Junior Assistant. Challenging the said order passed by the Tribunal, this Writ Petition is filed contending that the Tribunal ought to have allowed the O.A., instead of directing the authorities to consider his case along with others for promotion as Junior Assistant. We have given our earnest consideration to the respective submissions made by the learned counsel on either side and perused the impugned order. The Tribunal, considering the submission made by the petitioner that without considering his case for promotion, his juniors have been promoted, directed the authorities to consider the case of the petitioner along with others in accordance with the rules. That apart, it is seen from the records that the respondents 5 and 6 herein were promoted as Junior Assistants, as they possess Telugu Type Writing lower Grade, and that since the writ petitioner does not possess Type Writing Certificate, he was not promoted to the said post. In the circumstances, we are of the view that Tribunal has not committed any error in passing the impugned order calling for interference of this Court under Article 226 of the Constitution of India. The Writ Petition is meritless and it is liable to be dismissed. Accordingly the Writ Petition is dismissed. No costs. _______________ GM, J _______________ CVR, J PNV/KK 11-6-2008