( 1 ) THIS writ petition has been filed challenging the common order passed by the Andhra Pradesh Administrative tribunal in O. A. Nos. 3381 of 2000 and 866 of 2001, dated 5-12-2001. O. A. No. 3381 of 2000 was filed by the petitioner challenging the combined seniority list of Regional transport Officers issued by the Transport commissioner, A. P. Hyderabad in Memo no. 6582/c4/2000, dated 26-5-2000 and the provisional seniority list of the Deputy transport Commissioners issued in Memo no. 6520/c4/2000, dated 31-5-2000. The tribunal passed interim order in O. A. No. 3381/2000 on 17-7-2000. This interim order was challenged in the High Court by 3rd respondent Sri P. Srinivas in W. P. No. 15794 of 2000. The writ petition was disposed on 16-11-2000. Pursuant to the interim order passed by the Tribunal which was later on modified by the High Court in w. P. No. 15794 of 2000 the Government of andhra Pradesh published a provisional seniority list of Regional Transport Officers and sought objections from concerned officers. The petitioner also filed his objections. The Government issued g. O. Ms. No. 14 Transport, Roads and buildings (Tr. I) Department, dt. 29-1-2001 finalising the inter se seniority of Regional transport Officers. The Government also issued G. O. Rt. No. 127, Transport, Roads and Buildings (Tr-II) Department, dated 14-2-2001 by which the provisional seniority list of the Deputy Transport Commissioners was approved. The Tribunal rendered a judgment on 19-2-2001 which was challenged by the petitioner in W. P. No. 3252 of 2001. This Writ Petition was disposed of by an order dated 16-3-2001. By this order the High Court remitted the case back to the Tribunal for fresh disposal. O. A. No. 866/2001 was filed by respondent No. 5 in the Writ Petition challenging G. O. Ms. No. 14, dated 29-1-2001 by which inter se seniority of Regional Transport Officers was finalized subject to the outcome of O. A. No. 3381/2000. In this background the tribunal passed the order impugned in this writ Petition.

( 2 ) NOW, coming to the facts on the basis of which the Writ petition has been filed, it is stated that the petitioner was appointed as regional Transport Officer vide G. O. Ms. No. 474, dated 13-5-87 through direct recruitment based on the recommendations of the A. P. Public Service Commission. Five other persons were also appointed as regional Transport Officers along with the petitioner. Out of the total six persons appointed three were allotted to Multi zone-I and the remaining were allotted to Multi zone-II. One person being Sri Ramananda swamy who was allotted to Multi zone-I did not join. There was a condition in the order of appointment that the persons who had been appointed should report for duty within 60 days from the date of appointment. The date of appointment was 13-5-87 and the candidates had to join before 12-7-87. It was stipulated in the order of appointment that candidates failing to report before the due date would lose their appointment. The third respondent sri P. Srinivas did not join the duty within the stipulated period of 60 days. A table has been given in the Writ Petition which gives the dates of joining of each of the candidates and it shows that the first candidate sri Ramananda Swamy did not join at all, p. Srinivas joined on 21-7-87 and all other 4 candidates including the petitioner joined before 13-7-87. Respondent No. 5 sri Venkateswarlu joined duty within the stipulated period of 60 days but did not pass accounts test of executive officers within 2 years of probationary period. The parties went in litigation after the final seniority list was issued, they also approached the High court after Tribunal passed an order and the high Court remanded the case and finally by the impugned order the Tribunal held that irrespective of respondent No. 3 having joined after 60 days his seniority would have to be determined in accordance with the merit obtained by him in the test conducted by Public