R.Chandra Sekhar vs Spl Chief Secy. Revenue Dept. Hyd ...
2022 Latest Caselaw 3638 Tel

      HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                                                   AND
           HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                           Writ Petition. No. 14989 of 2002

Order: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)

         This Writ petition is filed seeking 'Writ of Certiorari' and

call for records relating to and connected with judgment dated

22-07-2002 rendered in O.A.No.6456 of 2002 by Andhra

Pradesh Administrative Tribunal and quash or set aside the

same and consequently direct the respondents to operate the

panel of Section Officers of Andhra Pradesh Secretariat Service

approved in G.O.MS.No.35 Revenue (Ser.I) Department dated

28-01-2002 for appointment by transfer as Deputy Collector

and to appoint the petitioner as Deputy Collector with all

consequential benefits.

2. Heard Sri.P.Kishore Rao learned counsel for the

petitioner and Learned Government Pleader for Services II for

respondents.

3. Learned Counsel for the petitioner has contended that

petitioner was working as Personal Secretary to Chairman,

Minorities Commission, Secretariat Buildings, Hyderabad and

the petitioner was seeking appointment for the post of Deputy ::2::

Collector by transfer, when the case of the petitioner was not

considered for the post of Deputy Collector, petitioner has filed

O.A.No.6456 of 2002 before the Andhra Pradesh

Administrative Tribunal (for short 'the Tribunal'), Hyderabad

and the Tribunal vide order dated 22.07.2002 was pleased to

closed the O.A with the following observations:-

Thus, in this set of facts and circumstances and also in view of the fact that the turn of the city list candidates of which the applicant is one, arises only after the 9 Tahsildars in the panel of 2001-2002 are promoted and also in view of the fact that the Government are particular to consider such promotions accordingly as per the serial order, no direction as sought for is warranted. The applicant has to wait for his turn for promotion. The mere fact that the said panel of 2001-2002 penal year lapses cannot be a ground for giving any direction for promotion to the applicant, in view of the fact that the promotion to the applicant will be due only after the 9 Thasildars occupying the slots above the applicant are first given promotions. Finally, in conclusion, it is to be held that no direction nor relief as sought for by the applicant can be given and the O.A is closed with the above observations. No costs.

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4. The learned counsel for the petitioner has contended that

the Tribunal ought to have directed the official respondents to

consider the case of petitioner for promotion for the post of

Deputy Collector by transfer and the Tribunal has just closed

the OA without giving any positive direction in favour of the

petitioner. Therefore appropriate orders may be passed in this

writ petition.

5. Learned Government Pleader appearing for respondents

contented that the Tribunal has rightly closed the OA with the

observations as that when the turn of the petitioner will come

his case will be considered. Learned Government Pleader

further informs this Court that the petitioner has retired from

service and at this point of time no positive orders can be

passed.

6. This Court after considering the rival submission made

by the parties is of the considered view that the Tribunal has

justified in closing the OA with the observations that when the

turn of the petitioner comes, he will be considered for the post

of Deputy Collector and now when the petitioner has already

attained age of superannuation, no positive orders can be

passed, thus writ petition is dismissed.

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7. Miscellaneous petitions, if any, pending in this writ

petition shall stand closed. No costs.

_________________________________ ABHINAND KUMAR SHAVILI, J

_______________________________ N.V.SHRAVAN KUMAR,J Date: 12.07.2022 su/sha