IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 16121 of 1999 Between: G.Srinivasulu S/o.G.Kondal Rao Guntupalli , Vijayawada. ..... PETITIONER AND 1 The Vice- Chairman , The CAT Hyderabad Branch , Hyderabad. 2 The South Central Railway Rep by its Chief Personnel Officer SC, Railway, Rail Nilayam Secunderabad. 3 The Chief Works Engg SC.Railway , Rail Nilayam Secunderabad 4 The Dy.Chief Mechanical Engg Wagon Work Shop , SC .Railway Guntupalli , Krishna Dist 5 The Work Shop Personnel Officer Wagon Workshop , SC Railway , Guntupalli Krishna dist. .....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 May be pleased to issue a writ, order or direction , preferably one in the nature of writ of Certiorari calling for the records pertaining to and leading upon passing of the impugned order Dt:11-9-98 in O.A.No.1466/96 and be pleased to quash the same , by holding that the impugned order Dt:11-9-98 is passed without exercising the Jurisdiction properly vested in it by the 1st Respondent authority and there is a grave error and omission apparent on the fact of the records resulting in grave in justice to the petitioner and consequently be pleased to remand the case O.A.No.1466/96 to the respondent No.1 authority, with an observation that the petitioner is legitimately entitled for the relief of protecting his seniority and pass such other order or orders. Counsel for the Petitioner:MR.S.AGASTYA SHARMA Counsel for the Respondents.: MR.R.S.MURTHY The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.S.NARAYANA WRIT PETITION NO :16121 of 1999 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:1466 OF 1996 on 11.9.1998 by holding that the impugned order dated 11.9.1998 is passed without exercising the jurisdiction properly vested in it and consequently, remand the matter to the tribunal with an observation that the petitioner is legitimately entitled for the relief of protecting his seniority. The petitioner is the applicant and he has filed the present O.A seeking to set aside the impugned letter dated 7.2.1996 issued by the Workshop Personnel Officer, S.C. Railway, Wagon Workshop, Guntupalli and direct the respondents to revise his seniority by giving him seniority in the grade of skilled grade III fitter from the date when his juniors were promoted as skilled grade fitter i.e., 26.11.1979 and give him all the consequential benefits of promotion and seniority basing on the revised date of promotion to skilled grade III post. The tribunal having observed that the applicant has failed to approach the tribunal when the posts of watch repairer were treated as ex cadre and that decision was taken much later than 1979 and the said order has not been challenged by him, dismissed the O.A. Heard the learned counsel and perused the entire material available on record as well as the order impugned. Before going into the merits of the case, it is relevant to note that that the decision treating the post of watch repairer as ex cadre was taken much later than 1979 and the applicant has failed to challenge the same at the relevant point of time by approaching the appropriate forum and thereby, the said decision has become final. On that count, he cannot claim anything adverse to the decision treating the post of watch repairer as ex cadre at this length of time in the year 1998. Hence, We see no merits in this writ petition and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _____________________ Justice T. Meena Kumari __________________ Justice P.S.Narayana Date: 09/04/2008 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.16121 OF 1999 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) Dated: 09.04.2008