J Koteswara Rao v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 22200 of 2018 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed challenging the order dated 14.06.2018 in O.A.No. 1125 of 2018 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby the application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985, has been dismissed. The admitted case of the petitioner is that as per the tentative provisional seniority list of Dieticians (Gazetted) for the panel year 2017-18 issued by the Director of Medical Education, the applicant is at Sl.No.3 in seniority. There are two more candidates over and above him at Sl.Nos.1 and 2. The post of Chief Dietician has been lying vacant since 01.08.2017. The further admitted case of the petitioner is that he is going to retire on 30.06.2018.

The learned Tribunal, keeping in view the aforesaid facts, has observed that simply because the petitioner has made several representations to respondent Nos.1 and 2 to fill up the vacant post of Chief Dietician, and the same has not been considered, no direction can be given to the respondents to fill up the vacant post. Even if directions are given for filling up the vacant post, the seniority of the petitioner

SKK,J & AKS,J WP_22200_2018 comes at Sl.No.3 i.e. after two candidates who are senior to the petitioner. Therefore, we find no ground to interfere with the order passed by the Tribunal.

The Writ petition is devoid of merit and the same is accordingly, dismissed. No order as to costs. As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 29.06.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj