IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 21307 of 1999 Between: C.Madhusudhan Reddy, S/o. Keshav Reddy, Parkala, Warangal District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Secretary to Government, Revenue (Excise) Department, Secretariat, Hyderabad. 2 The Commissioner of Excise, Government of Andhra Pradesh, Opp: Gandhi Bhavan, M.J.Road, Hyderabad. 3 The Deputy Commissioner of Excise, Warangal, Warangal District. 4 Sri.N.Rama Mohan Rao, Distillery Office, United Beverages, Nacharam, Ranga Reddy District. 5 The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Purani Havili, Darul Shafa, 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 issue a writ, order or direction, more particularly, one in the nature of a Writ of Certiorari by calling for the records relating to and connected with the judgment and decree dated 31st March, 1999 in O.A.No.10793/91 on the file fo the A.P.Administrative Tribunal, Hyderabad, holding it unsustainable and consequently, set aside dthe proceedings in C.R.No.819/89/Ex.A1 dated 11.8.89 and the proceedings c.R.No.3065/86/Ex.A1 dated 11.6.90 issued by the Deputy Commissioner of Excise, Warangal as also the Government Memo No.90590/Ex.1 (2)/89-2 dt. 16.4.1990 issued by the State Government and quash them holding them as illegal, arbitrary and unsustainable, and further declare theis Writ Petition as senior to the 4th respondent in the category of Excise Inspector and consequently direct the respondents to consider the case of the petitioner herein for promotion as Assistant Excise Superintendent, Excise with all consequential benefits such as pay fixation, seniority, arrears of salary and allowances etc., at par with the dates on which such promotions have been conferred on the 4th respondent and pass such order or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.ABHINAND KUMAR SHAVILI Counsel for the Respondent No.: . The Court made the following : ORDER : (Per Sri P.Swaroop Redddy, J.) This writ petition is filed challenging the order of the A.P. Administrative Tribunal in O.A.No.10793 of 1991, dated 31.3.1999, which was filed for setting aside the proceedings Cr.No.819/89/Ex./A1, dated 11.8.1989, and the proceedings Cr.No.3065/86/Ex./A1, dated 11.6.1990, issued by the Deputy Commissioner of Excise, Warangal, as well as the Government memo No.90590/Ex.I(2)/89-2, dated 16.4.1990, wherein the representation of the applicant/petitioner to fix his seniority over the unofficial respondent was rejected and consequently the prayer of the petitioner to direct the respondents to consider the case of the applicant for promotion as Assistant Excise Superintendent and Excise Superintendent from the date on which the 4th respondent was promoted to the said post by duly reviewing the relevant panels also stand rejected. The Tribunal dismissed the said O.A. holding that the contention of the petitioner that he should be treated as senior to the unofficial respondent has no merit. At the time of the filing of the writ petition, the petitioner was almost on the verge of his retirement and he retired from service about ten years back. In the circumstances of the case, it is not seniority disputed that the cause in the writ petition has become infructuous. The writ petition is accordingly dismissed as infructuous. No order as to costs. ______________ V.ESWARAIAH, J. ___________________ P.SWAROOP REDDY, J. 18.6.2009 kpr