HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.3136 of 2004 ORDER: (Per Hon’ble Sri Justice G.Bhavani Prasad) This writ petition is directed against the order of Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.3640 of 1996 dated 11-06-2003 only to the extent of not recognising the seniority of the writ petitioner against respondent 3 and 5 herein. 2. The writ petitioner ﬁled the O.A. before the Tribunal for declaration that she was entitled to be promoted as Additional Director and Director much earlier to unoﬃcial respondents 3 to 5 herein on the basis of ranking given by Andhra Pradesh Public Service Commission in the integrated seniority list of Civil Assistant Surgeons. She had also requested for all consequential beneﬁts and the Tribunal after considering the contentions of the writ petitioner and the respondents in the O.A. concluded that in view of the judgment of the Apex Court in Civil Appeal Nos.3131-32 of 1988, the petitioner is entitled to the relief as the original seniority of the candidates as existing at the time of their selection by Andhra Pradesh Public Service Commission as Civil Assistant Surgeon has to be taken into consideration for the purpose of reckoning the seniority while making appointment/promotion to the administrative posts and any contrary Rule cannot be held as correct, in the light of the declaration of law made by the Apex Court. Therefore, the Tribunal directed that necessary action should be taken in accordance with the guidelines of the Apex Court within three months from the date of receipt of its order and re-ﬁxation of pension shall be made by giving monetary beneﬁts as both the petitioner and unoﬃcial respondents retired from service. However, it so happened that the relief granted by Andhra Pradesh Administrative Tribunal was conﬁned to the consideration of the case of the writ petitioner vis-à-vis, the fourth respondent herein and reference to unoﬃcial respondents 3 and 5 was omitted by inadvertence. The writ petitioner claims that in spite of her attempts to list the matter ‘for being mentioned’ before the Andhra Pradesh Administrative Tribunal, she could not succeed and therefore approached this Court with the writ petition. 3. The learned counsel for the petitioner, Sri M.Srikanth, vociferously contended that whatever relief to which the writ petitioner was entitled against fourth respondent, she was entitled against respondents 3 and 5 also, on the same principles and facts relied upon by the Tribunal. The learned Government Pleader for Services did not seriously dispute the factual position; therefore, it is clear that the writ petitioner is entitled to the relief claimed in this writ petition. Though the notices are served on unoﬃcial respondents, none appeared nor is there any representation on their behalf before this Court during the hearing of the writ petition. Thus, the unoﬃcial respondents also did not dispute the right of the writ petitioner for such relief. 4. Therefore, the writ petition is allowed to the extent of holding that the writ petitioner is entitled to seniority against respondents 3 and 5 herein also in terms of the orders of Andhra Pradesh Administrative Tribunal in O.A.No.3640 of 1996 dated 11-06-2003. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 24-09-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 3136 of 2004 Between: Dr. (Smt.) M.L. Nagamani Ammal, W/o. P. Panduranga Rao, R/o. 8-3-977/10, Srinagar Colony, Hyd-73. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Health Medical and Family Welfare (B1) Department, Secretariat, Hyderabad. 2 The Director of Health, Andhra Pradesh, Hyderabad. 3 Dr. T. Babu Rao, Director of Health (Retired), R/o. 7-1- 215/2/A/1, Ameerpet, Hyderabad. 4 Dr. S. Vinaya Babu, Director, Aids Control Project and I/c. Director of Health, R/o. 436/A/33/3, Laxminagar, Gudimalkapur, Hyderabad. 5 Dr. B. Nandaraj Singh, Director of Family Welfare (Retired), R/o. 1-7-145/14, Musheerabad, Hyderabad. .....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 order or direction particularly one in the nature of Writ of Certiorari after calling for the records relating to the order in O.A. No. 3649/1996 dated 11.06.2003 on the ﬁle of the Hon'ble A.P. Administrative Tribunal, Hyderabad and quash the same by holding that the petitioner is entitled to seniority not only against Respondent No. 4 in the OA, but also against Respondent Nos. 3 and 5 who are arrayed as respondents 3 and 5 in this Writ Petition and pass such other order or orders Counsel for the Petitioner:MR.M.PANDURANGA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following :