HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 6132 OF 2011 Between: M.V.S.S.N. Murthy S/o Lakshminarayana aged 54 years ………….Petitioner AND The Commissioner of Prohibition and Excise Abkari Bhavan, and four others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the order dated 15.12.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 1339 of 2007 and quash the same as illegal. Brief facts of the case are that the petitioner herein joined in the service as Prohibition and Excise Inspector with effect from 1.1.1986 and his services were regularised with effect from 1.1.1986 and his name was also included in the final seniority list of Prohibition and Excise Inspectors of Visakhapatnam Division at Sl.No. 40 vide Rc.No. 474/98/A1 dated 7.3.2003 issued by the second respondent. It is stated that the petitioner filed O.A.No. 5561 of 2002 for notional promotion in the cadre of Inspector and Assistant Excise Superintendent and the Tribunal disposed of the O.A directing the respondents to examine the case of the applicant in terms of G.O.Ms.No. 2008 dated 23.11.2002 and it further directed the respondents to put on notice to all those who are likely to be effected including the caveator in giving notional promotion to the applicant both in the cadre of Inspector and also Assistant Excise Superintendent and the entire exercise shall be undertaken within a period of two months from the date of receipt of a copy of the order. As the respondents failed to place the name of the petitioner in the final seniority list of Prohibition and Excise Inspectors of Zone-I, he again field O.A.No. 1270 of 2003 and that O.A also disposed of directing the respondents to pass orders within one month. After that the petitioner also preferred O.A.No. 5012 of 2005 and that O.A was disposed of along with other batch of O.As and aggrieved by the same, he again filed O.A.No. 1339 of 2007. Be that as it may, the main grievance of the petitioner is that the 4th respondent herein who is junior to him was given regular promotion as Assistant Excise Superintendent during the panel year 2001-2002 and he was given regularisation in the said cadre with effect from 14.8.2002, therefore he should be regularised in the cadre of Assistant Excise Superintendent on par with him. Hence, he filed O.A No. 1339 of 2007 seeking finalisation of seniority list in the cadre of Assistant Excise Superintendent in Multi Zone-I but the Tribunal did not adjudicate the above aspect of fixation of his seniority on par with the 4th respondent, disposed of the O.A along with other batch of O.As, therefore, the order of the Tribunal is liable to be set aside. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, the Tribunal without adjudicating the grievance of the petitioner in question, disposed of the O.A No. 1339 of 2007 along with other O.As and kept the lis undecided. Therefore, the order dated 15.12.2009 passed by the Tribunal in O.A.No. 1339 of 2007 is liable to be set aside. Accordingly, the Writ Petition is allowed and the order dated 15.12.2009 passed in O.A.No. 1339 of 2007 is set aside and the matter is remitted. The Tribunal is directed to dispose of the matter, and decide issue in question in so far as the petitioner is concerned, as expeditiously as possible preferably within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 14.03.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.