IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26639 of 1999 Between: Varanasi Sai Ram Prasad, S/o.Venkata Ramana, R/o.Khammam, Khammam Dist. ..... PETITIONER AND 1 Government of Andhra Pradesh Rep.by its Prl.Secretary, Employment & Training Department, A.P.Secretariat, Hyderabad. 2 The Director of Employment & Training Government of Andhra Pradesh, Hyderabad. 3 The District Employment Officer, Employment Exchange, Khammam, 4 The District Employment Officer, (Technical), Employment Exchange, Khammam, Khammam District. 5 The District Co-ordinator, Hospital Services & Medical Superintendent, District Headquarters Hospital, Khammam, Khammam 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 issue a Writ or order or orders or directions or particularly Writ of Certiorari calling for the records pertaining to O.A.4795/95 and material ﬁled therein and set aside the order of the Hon'ble Tribunal in various cases, violative of Arts.14,16 & 21 of the Constitution of India, discriminative in nature, non-est in the eyes of law, contrary to the Notiﬁcation and also law laid down by the Hon'ble High Court as well as Apex Court of India and further declare the GO.Ms.No.193, Dt.27/6/94 is only prospective in nature and consequently directing the 5th respondent to appoint the petitioner in the selected post of Electrician with all consequential monetary beneﬁts in the interest of justice and pass such other order or orders as this Hon'ble High Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.V.RAJA RAAM Counsel for the Respondents : MR.K.L.N.SWAMY The Court made the following : ORDER THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26639 of 1999 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is ﬁled against the order dated 13-7- 1999 passed in OA No.4795 of 1995 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The applicant-petitioner herein ﬁled the said OA to declare GO Ms.No.193, dated 27-6-1994 to the eﬀect that it has not retrospective eﬀect and not applicable to the petitioner for his appointment to the post of Electrician under the control of 5th respondent and to further direct the 5th respondent to appoint the petitioner as Electrician by virtue of his selection for the post of Electrician made on 21-4-1993 by the Selection Committee and to further direct the 3rd and 4th respondents to sponsor the name of the petitioner forthwith by declaring the action of 3rd and 4th respondents as being illegal, contrary to law and violative of Articles 14,16, 21 and 309 of Constitution of India. 3. The Tribunal, by the impugned order, dismissed the OA on the ground that the no person senior to the petitioner was sponsored by the respondents 3 and 4, and those sponsored candidates acquired the technical qualiﬁcation much prior to the petitioner acquiring the technical qualification. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 5. It is to be noticed that the petitioner, on earlier occasion, ﬁled OA No.1554 of 1993 seeking a direction to the respondents therein, who are respondents herein, to consider his case for the post of Electrician along with the candidates sponsored by the Employment exchange-respondents 3 and 4. The contention of the petitioner in the said OA was that juniors to him were sponsored by the employment exchange and he being the senior to them in the group, his candidature has to be sponsored along with other candidates sponsored by the employment exchange. The Tribunal by order dated 6- 4-1993, disposed of the said OA No.1554 of 1993 directing the respondents herein to verify the particulars from their record and if the petitioner and the other sponsored candidates belong to the same group and stand on the same footing and if the names of those candidates were sponsored, the candidature of the petitioner be also sponsored for the vacancy notiﬁed, provided the petitioner possesses all the requisite qualiﬁcations prescribed for the post. It is stated that in spite of the directions given by the Tribunal in OA No.1554 of 1993 as the candidature of the petitioner was not sponsored by respondents 3 and 4, the petitioner requested the 5th respondent to interview him along with others pending sponsoring of his name by the respondents 3 and 4, as otherwise his rights will be deprived of for the selection and appointment to the post of Electrician. It is stated that the 5th respondent allowed the petitioner and interviewed him along with others and in the said selection, the petitioner was selected, however, his selection was made subject to sponsoring of his candidature by the respondents 3 and 4 i.e. employment exchange. Alleging in action on the part of the respondents 3 and 4 in not sponsoring his name as per the directions of the Tribunal passed in OA No.1554 of 1993, the petitioner ﬁled Contempt Application No.216 of 1993 and in pursuance of contempt notice, the respondents ﬁled counter to the eﬀect that as per GO Ms.No.193, dated 27-6-1994, if after registration of a candidate with the employment exchange, subsequently he acquires any additional qualiﬁcation, then his seniority in that category shall be counted from the date of presenting such certiﬁcate in that qualification. 6. It is to be noticed that the petitioner has acquired the technical qualiﬁcation required for the post notiﬁed much later to the candidates who were sponsored by the employment exchange and, therefore, he was not senior to the persons sponsored for the post notiﬁed and considering all these aspects of the matter, the Tribunal by the impugned order dismissed the OA, which in the facts and circumstances of the case does not warrant any interference by this Court. 7. In the circumstance, we do not ﬁnd any merit in the writ petition and it is accordingly dismissed and the interim order dated 24-7-2000 granted by this Court stands vacated. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 23rd July, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SAM}