IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5219 of 2007 Between: 1 K.Lokeswara Rao s/o.Late Venkateswarlu O/o. the Spl. Dy. Collector, PS Velugonda Project (LA) Unit-I, Markapur at Ongole, Prakasam District. 2 N.Hariharan S/o.late Balaram O/o. the Spl. Dy. Collector, Kandula Obula Reddy Project (LA) ( G.R. Project) Ongole, Prakasam district. 3 Y.Rama Krishna Reddy S/o.Prathapa Reddy O/o. The Asst. Director, District Survey & Land Records, Guntur. 4 G.P. Ramakrishnan S/o.Panduranga Rao O/o. The Sub-Collector, Tenali, Guntur District. 5 D.V.S.N.Kishore Babu S/o.Venkateswara Rao O/o. SDC Pulichintala Project (LA) Unit-II, Guntur. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by its Prl. secretary, revenue (SS-2) Department, Secretariat, Hyderabad. 2 The Commissioner of Survey, settlements & Land Records, Andhra Pradesh, Hyderabad. 3 L.Keshava rao S/o.L.Chandra Sekhar O/o. Revenue Divisional Officer, Kadapa. 4 K. Guna Sekhara Rao S/o.Keshava Rao O/o. Revenue Divisional Officer, Jammalamadugu, Kadapa. District. 5 S.Ahmed Hussain O/o. the Asst. Director, Survey & Land Records, Ongole. 6 N.Radha Krishna Murthy O/o. the Asst. Director, Survey & Land Records, Kurnool. 7 V.Venkateswarlu Galeru-Nagari, Sujala Sravanthi Project, Kadapa. .....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, more particularly one in the nature of Writ of mandamus, declaring G.O.Ms.No.1646 Revenue (SS.2) Dept. dt. 9.11.2006 and the order dt. 21.11.2005 in OA No.7601 of 2005 on the file of the AP Administrative tribunal and as well as the re-promotion of the Respondents 5 to 7 to the post of Inspector of Survey, without insisting for passing of the accounts Test for Subordinate Officers Part-I as arbitrary, discriminatory and contrary to the statutory rules issued in G.O.Ms.No.102 Revenue (SS.2) Dept. dt. 5.2.2001 and consequently set aside the same and direct the 2nd Respondent to revert the Respondents 5 to 7 to the post of DIOS and to consider the Petitioners for promotion to the post of Inspector of Survey in Multi Zone-II strictly in accordance with the statutory rules issued in G.O.Ms.No.102 Revenue (SS.2) Dept. dt. 5.2.2001, and with all other consequential benefits, including notional seniority from the date the Respondents 5 to 7 were promoted to the said post and other attendant benefits monetary or otherwise and pass such other order or orders. Counsel for the Petitioners:MR.V.JAGAPATHI Counsel for the Respondents: GP FOR SERVICES I The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5219 of 2007 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to set aside the order dated 21.11.2005 passed by the A.P. Administrative Tribunal in O.A.No.7601 of 2005 and G.O.Ms.No.1646 Revenue (SS.2) Dept., dated 9.11.2006 and to direct the 2nd respondent to revert respondents 5 to 7 to the post of DIOS and to consider the petitioners for promotion to the post of Inspector of Survey in Multi Zone II strictly in accordance with the statutory rules issued in G.O.Ms.No.102 Revenue (SS.2) Dept., dated 5.2.2001 and with all other consequential benefits including notional seniority. Respondents 3 & 4 herein are the applicants and Respondents 1 and 2 are respondents before the Tribunal. Respondents 3 and 4 herein filed the above O.A. seeking to declare the inaction on the part of the respondents therein in extending the benefit on par with the others to the applicants for further promotion as Inspectors and further to declare the action of the respondents therein in insisting the applicants to pass Account Test for Subordinate Officers Part I, as arbitrary and consequently, to direct the respondents therein to consider the case of the applicants for further promotion as Inspectors without insisting for passing Account Test for Subordinate Officers Part I on par with the others. On the submission made by the learned Counsel for the applicants that the present O.A. is squarely covered by the Judgment of the tribunal in O.A.No.1997 of 2005 dated 28.4.2005, the tribunal having perused the order dated 28.4.2005 in O.A.No.1997 of 2005 and having followed the same, disposed of the O.A., directing the respondents therein to consider the case of the applicants for granting exemption as has been done in respect of similarly situated persons in G.O.Ms.No.496, Revenue Department, dated 7.4.2003. Aggrieved by the orders issued in G.O.Ms.No.1646 Revenue (SS.2) Department, dated 9.11.2006 granting exemption to the respondents 3 and 4-applicants issued pursuant to the order passed in the present O.A., this writ petition is filed by the petitioners-who are the third parties, with the leave of the Court. On a perusal of the material available on record, it is obvious that in pursuance of the orders of the tribunal in the present O.A., respondents 1 and 2 issued G.O.Ms.No.1646 Revenue (SS.2) Department, dated 9.11.2006 granting exemption to the applicants from passing Accounts Test for Subordinate Officers Part I as they have passed the accounts test for Executive Officers. It is the case of the petitioners herein that though they are fully qualified as far back as 2005 and eligible for promotion to the post of IOS, the 2nd respondent herein is going to promote the unqualified DIOS to the post of Inspector of Survey, stipulating a condition that the unqualified DIOS should pass the Accounts test within one year and that the respondents 5 to 7 who were promoted on condition as stipulated above, were reverted on their failure to pass the accounts Test and subsequently, they were re-promoted, ignoring the claim of the petitioners, who are fully qualified. Apart from that, the 2nd respondent is taking steps to promote respondents 3 & 4 without insisting for the Accounts Test for Subordinate Officers Part I, ignoring the case of the petitioners. The petitioners herein and respondents 5 to 7 herein, are not at all parties in the present O.A. One of the reliefs that is sought for in the present writ petition, is with regard to reversion of respondents 5 to 7 who are also third parties to the O.A. At this juncture, it is pertinent to note that the order of the tribunal is based on the order passed in respect of the similarly situated persons and the said order has also become final. If the petitioners have got any grievance, they ought to have approached the appropriate forum for reddressel instead of choosing to come on record with the leave of the Court inasmuch as due to the changed circumstances, the cause of action changes from time to time. Therefore, We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. However, the petitioners are at liberty to approach the appropriate forum/authority, as the case may be for reddressel. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 13th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5219 of 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 13/03/2008