K ASIF MOHIUDDIN Vs. SECRETARY OF GOVERNMENT

JUDGEMENT

(1.) The writ petitioners, unsuccessful applicants in the O.As. thought of the present legal battle aggrieved of the reckoning of the seniority with retrospectivity by virtue of which it is said that the writ petitioners are seriously prejudiced or affected. The unsuccessful applicants 2 to 4 in O.A.No.1264/2003 on the file of A.P. Administrative Tribunal, in short referred to as Tribunal hereinafter, filed W.P.No.20706/2004 praying for a writ, order or direction more in the nature of writ of certiorari calling for the records relating to the order of the Tribunal dated 29-10-2004 in O.A.No.1264/2003 & Batch and quash the same by holding it as illegal, bad, arbitrary and further declare G.O.Ms.No.73, dated 14-10-2003 as illegal, arbitrary and contrary to the Judgment of the Tribunal dated 9-2-2001 in O.A.No.325/99 & Batch with a further direction to the respondents to prepare the seniority list by taking into account the Judgment of the Tribunal dated 9-2-2001 in O.A.No.325/1999 & Batch and to effect the promotions to the post of Principal basing on the said Judgment and to pass such other suitable orders.

(2.) Likewise, the unsuccessful applicants in O.A.No.6785/2003 on the file of Tribunal filed W.P.No.20900/2004 praying for a writ, order or direction more particularly one in the nature of a writ of certiorari: (a) call for the records relating to and connected with the Judgment rendered on 29-10-2004 in O.A.No.6785/2003 and Batch of cases and quash or set aside the same holding it as unsustainable; (b) also call for the records relating to and connected with G.O.Ms.No.73, Education, dated 14-10-2003 issued by the 1st respondent publishing final seniority list of Lecturers who had been so promoted with effect form 1-4-1976 and quash or set aside the same holding it is illegal, and (c) declare G.O.Ms.No.73, dated 14-10-2003 of the 1st respondent publishing final seniority list of Lecturers giving effect to the notional promotions to seniority also with effect from 1-4-1976 to the Junior Lecturers who were appointed as Lecturers after successful screening and selection by the Departmental Promotion Committee much later to the Lecturers already having much more service as Lecturers as illegal, arbitrary, unjust, unfair, unconstitutional and against the spirit of the Judgment rendered by the Tribunal on 9-2-2001 in O.A.No.1507/1999, O.A.No.1449/1994, O.A.No.325/1999 etc., and Batch which became final, and to pass such other suitable orders.

(3.) The Tribunal made the Common Order dated 29-10-2004 in O.A.No.6785, 6996, 1264, 8578 of 2003. Since the factual matrix is common and the questions involved for adjudication also being common, the matters are being disposed of by this Common Order.