R MADHUSUDHANA RAO Vs. H SHIVARAM

JUDGEMENT

(1.) The writ petitions are directed against the common order of the AP Administrative Tribunal ('THE Tribunal') dated 31.01.2011 in two OAs 2439 and 2436 of 2007. In OA No.2436/07 the applicant impleaded four respondents; the State of A.P. represented by the Principal Secretary, Industries & Commerce Department, Commissioner of Industries, A.P., Mr. B.Suresh Babu and Mr. R.Madhusudhana Rao; and in OA No.2439/2007 filed by the same applicant there were three non-official respondents impleaded Mr. B. Suresh Babu, Mr. Ch.Rama Rao and Mr. K.Prasada Rao, apart from the State of Andhra Pradesh and the Commissioner of Industries, A.P.

(2.) In OA No. 2436/07 the validity of G.O.Ms.No. 90 dated 24.4.2007 was challenged and a direction sought (to the official respondents) to prepare the seniority list of Joint Directors (of INdustries) only after conducting a review DPC by reviewing promotions earlier made. IN OA No. 2439/07 a declaration was sought, that the action of the official respondents in not considering the applicant for promotion as Addl. Director of INdustries while preferring respondents 3 and 4 therefor (who are facing disciplinary chargers), is illegal and discriminatory; and for a direction to the official respondents to promote him as Addl. Director of INdustries while excluding the non-official respondents from the zone of consideration for promotion; as per his eligibility, suitability and in accordance with the Rules.

(3.) Heard Dr. Lakshmi Narasimha for the petitioner (Sri R. Madhusudhana Rao) in W.P.No. 2614/11; the learned Government Pleader for Industries & Commerce, for the State; and Mr. M.Surender Rao, the learned counsel for the same petitioner (Sri B. Suresh Babu), in W.P.Nos. 31007 and 32227 of 2011; and Sri P. Bala Krishna Murthy, learned counsel for the applicant Sri H. Shivaram.