M RADHAKRISHNA MURTHY Vs. GOVT OF A P

JUDGEMENT

(1.) This petition raises an interesting question as regards interpretation of Order XXIII, Rule 1 CPC vis-a-vis the power of the Administrative Tribunal to entertain an application under Section 19 of the Administrative Tribunals Act, 1985.

(2.) The petitioner before us was the Original Applicant before the learned Tribunal in OA No.3381 of 2000. In his application under Section 19 of the Administrative Tribunals Act, he prayed the Tribunal to set aside the.Memo No.6582/ C4/2000, dated 26-5-2000 and Memo No.6520/C4/2000 dated 31-5-2000 issued by the second respondent herein as illegal and violative of Articles 14, 16 and 21 of the Constitution of India. He further prayed for a direction upon the respondents to recast the seniority by treating the applicant as senior to the unofficial respondents therein.

(3.) Admittedly, the respondents 3 to 5 herein were placed at a higher position than the petitioner in the seniority list which was questioned before the learned Tribunal and upon a prayer made by the petitioner herein an interim order was passed by the learned Tribunal on 17-7-2000 which is to the following effect: