IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24299 of 2008 Between: Smt. M. Chinthamani, D/o. M. Deepla Naik, Government Social Welfare Girls Hostel No. II, Rayachoti, Kadapa District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Pricipal Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 The Commissioner of Social Welfare Department, A.P., Hyderabad. 3 The District Collector, Kadapa, Kadapa District. 4 The Deputy Director, Social Welfare Department, Kadapa, Kadapa District. 5 M. Ramaiah, S/o. M. Ankanna, Government Social Welfare Boys Hostel No. II, Rayachoty, Kadapa District. .....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 more particularly one in the nature of Writ of Mandamus declaring he action of the 3rd Respondent in issuing the Proceedings Rc.No. A2/593/2004, Dt. 06-09-2005 promoting the 5th Respondent hurriedly as Hostel Welfare Officer Gr.I in the vacancy meant for S.T (Woman) i.e., Roster Point No.8 depriving the legitimate right of the Petitioner despite he has not passed the Pre-requisite Tests by that time to hold the said post and further in not taking any action on the directions of the 2nd Respondent issued vide Memo No. 12/13575/2005, Dt. 17-12-2005 and the orders passed in O.A.No. 1973/2007, Dt. 11-04- 2007 and in Review M.A.No. 1775/2007, Dt. 16-07-2008 on the file of the Hon'ble A.P. Administrative Tribunal, Hyderabad as being illegal, unjust, arbitrary, thereby in violation of Arts. 14 and 16 of the Constitution of India apart from contrary to the Orders issued in G.O.Ms.No. 2 S.W. Dept., S.W. Dept. dt. 09-01-2004 and consequently set-aside the above proceedings Rc.No. A2/593/2004, Dt. 06-09-2005 issued by the 3rd Respondent and Orders passed in O.A.No. 1973/2007, Dt. 11-04-2007 and in Review M.A.No. 1775/2007 in O.A.No. 1973/2007, Dt. 16-07-2008 on the file of the Hon'ble A.P. Administrative Tribunal, Hyderabad with a direction to the Respondents 1 to 4 to consider the case of the Petitioner for promotion to the post of Hostel Welfare Officer Gr.I. against the Roaster Point No.8 S.T. (W) in terms of the G.O.Ms.No.2 S.W. Dept., Dt. 09-01- 2004 with effect from the date on which the 5th respondent was given promotion as H.W.O. Gr.I with all consequential and attendant benefits thereof and pass Counsel for the Petitioner:MR.D.V.NAGI REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: (Per Sri Justice B. SESHASAYANA REDDY) This Writ Petition has been filed by the applicant in O.A.No. 1973 of 2007 on the file of A.P. Administrative Tribunal, Hyderabad, whereby and where under, the relief sought for by her for promotion to the post of Hostel Welfare Officer Grade I came to be negatived. While dismissing the O.A, an observation has been made by the learned Tribunal that the petitioner has to exhaust the remedy before the Appellate authority. When the Writ Petition came up for admission, it is brought to our notice that the petitioner filed an administrative appeal and orders came to be passed in her favour and thereby she came to be promoted as Hostel Welfare Officer Grade I while reverting the 5th respondent- Sri M. Ramaiah. It appears that the reversion of the fifth respondent has been challenged before the Administrative Tribunal in O.A.No. 9441 of 2008. Since the petitioner has been promoted to the post of Hostel Welfare Officer Grade I, nothing survives for adjudication in this Writ Petition. Accordingly, the Writ Petition is dismissed as redundant. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 24.11.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. by its Pricipal Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 The Commissioner of Social Welfare Department, A.P., Hyderabad. 3 The District Collector, Kadapa, Kadapa District. 4 The Deputy Director, Social Welfare Department, Kadapa, Kadapa District. 5. 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad, OUT. 4. 2CD copies