File dismissed at the stage of admission as subsequent government action superseded the contentions of the writ petition challenging a Tribunal order regarding promotion and seniority in the Mechanical Engineering cadre.
The Writ Petition is dismissed at the stage of admission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE K.C.BHANU AND
HON'BLE SMT JUSTICE ANIS
WRIT PETITION No.17908 of 2014
O R D E R: (per Hon’ble Sri Justice K.C. Bhanu)
This Writ Petition is filed challenging the order, dated 18.04.2013, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal), in O.A.No.7921 of 2011.
2. The brief facts of the case are that the respondent Nos.1 & 2/applicants were initially appointed as Lecturers in Mechanical Engineering on 19.04.1991 through Andhra Pradesh Public Service Commission in Zone-III. Subsequently, they were promoted as Senior Lecturers on 10.09.2001 and 12.09.2001 respectively. They are fully eligible and qualified to be promoted to the post of Head of Section in Mechanical Engineering, but, they were not promoted to the said post. However, the unofficial respondents, who are juniors to them, were promoted to the said post. Aggrieved by the action of the official respondents/ petitioners, the applicants filed the Original Application seeking a direction to review all further promotions given to the unofficial respondents and others in the category of Senior Lecturer and Head of Sections in Mechanical Engineering as per the seniority list of Lecturers dated 13.05.2011, by setting aside the impugned G.O.Ms.No.110, Higher Education, (TE.I) Department, dated 05.09.2011.
3. By virtue of the order, passed by the Tribunal in the said Original Application, a direction was given to the official respondents/petitioners to review the seniority list in the cadre of
Heads of Sections as per the seniority in the cadre of Principals basing on the seniority list of Senior Lecturers in Mechanical Engineering in Government Polytechnics in State issued in Circular Memo No.G3/7550/2012, dated 31.07.2012 and as per the said seniority, if respondent Nos.1 & 2/applicants come within the zone of consideration as per their eligibility and qualifications, the respondents in the Original Application are directed to consider their case for promotion to the post of Principal and pass appropriate orders within a period of eight weeks from the date of receipt of that order.
4. Heard.
5. In pursuance of the same, an order was passed by the Government of Andhra Pradesh, Higher Education (TE.I) Department in Memo No.10380/TE.I/A2/13-3, dated 21.01.2014. Therefore, no further orders are required to be passed in the Writ Petition and the same is devoid of merits and is liable to be dismissed.
5. Accordingly, the Writ Petition is dismissed at the stage of admission. No order as to costs. The miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
______________________ JUSTICE K.C.BHANU
_______ JUSTICE ANIS
Date: 01.07.2014 sr
Officials
Applicants
K.C. Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
