( 1 ) THIS writ petition challenges the order of the A. P. Administrative Tribunal in O. A. No. 2049 of 1999. The O. A. was filed by the respondent herein challenging the Government Memo no. 34094/ser. n-2, dated 8. 4. 1999.

( 2 ) THE case of the respondent before the Tribunal was that he belongs to zone-III. He was appointed as Physical director Grade-II with qualifications of b. Com. , B. P. Ed. He also acquired M. P. Ed, qualification on 12. 4. 1984. He was entitled for promotion to the post of Physical director, Grade-I which arose on 16. 7. 1988. But the Government did not consider him and Sri S. V. Krishna Reddy was brought on deputation from Zone-IV and he was given the post. Aggrieved by the action of the government, the respondent filed RP No. 323 of 1986 before the erstwhile Tribunal. The tribunal by its order dated 28. 8. 1986 allowed the RP. The Government in G. O. Ms. No. 354, dated 11. 5. 1990 made it clear that the notional date of promotion can be given whenever it was found that the claim of the member of service for such promotion in due turn was ignored without justification. The respondent contended before the tribunal that even though he was entitled for notional promotion with effect from 12. 4. 1984, his claim was rejected by the order impugned before the Tribunal on the ground that no juniors to him had been promoted. Government Memo dated 8. 4. 1999 which was sought to be quashed by the respondent before the Tribunal reads as under:"the attention of the Commissioner and director of School Education is invited to the reference cited and he is informed that the request of Sri C. Srinivasulu Reddy, r. I. P. E. for notional promotion as Grade-I physical Director from 1985 is rejected since no junior were promoted earlier to him. "

( 3 ) THE writ petitioners filed a counter stating that Sri. S. V. Krishna Reddy who belongs to Zone-IV had been repatriated to zone-IV and the respondent in this writ petition was promoted as Physical Director, grade-I. This was done on the basis of the judgment of the Tribunal in RP No. 323 of 1986. In the judgment the Tribunal had directed the writ petitioners to consider the claim of the respondent for promotion. It was considered and the respondent was promoted and Sri S. V. Krishna Reddy was repatriated. The claim of the respondent for notional promotion from the date Sri S. V. Krishna Reddy was appointed, was declined as no juniors had been promoted. The tribunal allowed the O. A. on the ground that since the respondent was available and was qualified on the date the vacancy occurred, but he was not considered for promotion and, on the other hand, a person was brought on deputation, therefore he was entitled to notional promotion from the date the vacancy became available. Aggrieved of the order of the Tribunal, the Government of A. P. has filed this writ petition.

( 4 ) NOW the only questions need to be answered in deciding this writ petition as to what is the import of G. O. Ms. No. 354, dated 11. 5. 1990 and what was the scope of the order of the Tribunal in RP No. 323 of 1986 which has become final. Before going to the G. O. let us have a look at the order of the Tribunal. This is a brief order which reads as under:"the petitioner is aggrieved by promotion of the 3rd respondent who belongs to Zone-IV to the post of Physical Director in College of education, Nellore in Zone-III. 2. It is not in dispute that Government had issued instructions in Memo No. 1461/h2/82- 4, Education, dated 11. 11. 1982 to fill up the aforesaid post, if necessary, by bringing a person from Zone-IV. The vacancy as stated in the paragraph 5 (iii) of the R. P. was filled up in Zone-Ill on 9. 2. 1985 by giving the promotion to the 3rd respondent. This fact has not been denied in the counter. It is further not in dispute that by 9. 2. 1985 the petitioner had become qualified to be considered for promotion to the aforesaid post. Position is well settled that on the date of vacancy, a