THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.19647 of 2009 Dt.27.10.2009 Between: K.Sarangapani .. Petitioners And Md.Mahaboobjani and others .. Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.19647 of 2009 ORDER: (Per Sri Justice Vilas V. Afzulpurkar) In this writ petition, the interim order of the Andhra Pradesh Administrative Tribunal in O.A.No.6608 of 2009, dated 11.6.2009 is questioned. The said O.A. was filed by respondents 1 to 4 seeking to declare the action of the respondent-authorities in not following the provisional seniority list under proceedings No.A1/1280/2008, dated 7.2.2009 and to direct them to consider the case of the applicants to the post of Hostel Welfare Officers Grade-I as per the aforesaid provisional seniority list. While directing notices to the respondents, the Tribunal passed the following interim order: “The respondents are directed to effect promotions in accordance with the latest seniority list dated 7.2.2009, subject to the final result of the O.A.” Questioning the aforesaid interim order, this writ petition has been filed. While admitting the writ petition on 22.9.2009, we have passed reasoned interim order and for the sake of convenience the same is extracted as follows: “Petitioners herein are the impleaded respondent Nos.4, 5, 6 and 8 in O.A.No.6608 of 2009. The said O.A. was filed by the respondent nos.1 to 4 herein seeking to declare the action of the respondent authorities in not following the provisional revised seniority list issued by the proceedings no.A1/1280/2008 dated 07.02.2009 by the District Collector (BCW), Warangal, and to direct the respondent authorities to consider promotion of the applicants to the post of Hostel Welfare Officer Grade-II as per the afore-stated seniority list. The said provisional seniority list was issued calling for the objections from the Hostel Welfare Officers Grade-II of BC Boys and Girls Hostels within 15 days from the date of receipt of a copy of that order and it was also made clear that failing to submit objections to the said provisional seniority list, final seniority list will be communicated to them. Learned counsel appearing for the petitioners submits that the petitioners and the similarly situated other persons have filed their objections and the said objections have not been considered and the final seniority list is yet to be issued. Even before the issuance of the final seniority list, the Tribunal granted interim directions to effect promotions in accordance with the latest seniority list dated 07.02.2009 subject to the final result of the O.A. To vacate the said orders, petitioners and four others filed VMA No.1321 of 2009 in O.A.No.6608 of 2009. By orders dated 11.08.2009 the Tribunal held that the balance of convenience is only in favour of granting promotions on the tentative provisional seniority list and subject to the final decision regarding seniority or the orders in the O.A. Aggrieved by the said order, this writ petition is filed. We are of the opinion that any promotions based on the provisional seniority list may not be just and proper more so when the objections have been called for from the affected parties for the said provisional seniority list. Meanwhile, if any, objections are considered in favour of the objectors any promotions effected will affect their rights. Therefore, having regard to the facts and circumstances of the case, there shall be interim suspension as prayed for. However, it is made clear that it is open for the respondent authorities to consider the objections, if any, received and issue final seniority list and only after receiving the final seniority list promotions may also be effected in accordance with the final seniority list.” Now, vacate petition has been moved by respondents 1 to 4 in this writ petition and when the same is taken up today, the learned counsel for the vacate stay petitioners brought to our notice that the District Collector (BCW), Warangal had already issued final seniority list of Hostel Welfare Officer, Grade-II, vide proceedings No.A1/1280/2008, dated 14.9.2009. The said proceedings cannot be controverted by the respondents or the writ petitioners. In view of the fact that the final seniority list dated 14.9.2009 is already issued by the District Collector (B.C.Welfare), Warangal, nothing survives for adjudication in the O.A. and consequently, since this writ petition was directed only against the interim order of the Tribunal and the same having been under suspension from 22.9.2009, no further issue remains to be adjudicated in the writ petition as well. In view of the same, the present writ petition as well as O.A.No.6608 of 2009 has become infructuous, as rightly pointed out by the learned counsel for the vacate stay petitioners. The writ petition as well as O.A.No.6608 of 2009 is accordingly dismissed as infructuous. No order as to costs. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 27.10.2009 kpr