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2026 Supreme(Online)(AP) 6561
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Subba Reddy Satti, J
M VISWANATH NAICK – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent
APHC010392002021|WRIT PETITION TRANSFERED FROM APAT NO: 954/2021
For the Appellants/Petitioners: Kasa Jaganmohan Reddy
For the Respondents: GP For Services III
A writ petition is dismissed as infructuous when the cause of action no longer survives due to the issuance of a subsequent administrative order or list that supersedes the challenged order.
Headnote:The petitioner challenged the seniority lists issued by the respondent, alleging they were arbitrary and violative of G.O.Ms.No. 37 H.E(IE.I) dated 28.3.2008 and Articles 14 and 16 of the Constitution of India, seeking seniority from the date of joining as Jr. Lecturer. The matter was originally filed before the Andhra Pradesh Administrative Tribunal and subsequently transferred to the High Court. The primary issue was whether the impugned seniority lists were illegal and discriminatory. During the proceedings, it was submitted that a new final integrated seniority list dated 24.01.2025 had been issued, which rendered the current challenge moot as the cause of action no longer survived. this writ petition is dismissed as infructuous.
| Table of Content |
|---|
| 1. procedural transfer of a case from the administrative tribunal to the high court. (Para 1 , 2) |
| 2. the issuance of a new administrative list renders previous challenges to seniority lists moot. (Para 3 , 4) |
| 3. dismissal of a petition as infructuous when the cause of action no longer exists. (Para 5) |
To pass orders declaring the orders of the 2nd respondent Rc. No Ser 1- 2/350/2012-4 dt. 31.5.2015 and Consequential Integrated Seniority list in Rc.No. Ser 1-2/350/2012-5 dt. 25.2.2016 issued by the 2nd respondent and final seniority Rc. No Ser 1- 2/35012012-4 dt. 8.12.2016 as arbitrary, illegal, discriminatory and violative of the policy decision in G.O.Ms.No. 37 H.E(IE.I) dt. 28.3.2008 and Article 14 and 16 of the constitution of India and consequently set aside the same and direct the respondents to assign seniority duly counting his service from the date of joining service in the cadre of Jr.Lecturer
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 2 months 2 days in representing the file
The Court made the following:
:: ORDER ::
The petitioner originally filed O.A.No.2175 of 2017 on the file of learned Andhra Pradesh Administrative Tribunal, at Hyderabad (for short ‘the Tribunal’) challenging the impugned orders issued by respondent No.2 vide Ser I-2/350/2012-4 dated 31.05.2015, consequential integrated seniority list issued vide Rc.No.SerI-2/350//2012-5 dated 25.02.2016 and final seniority list issued vide Rc.No.Ser I-2/350/2012-4 dated 08.12.2016.
2. After abolition of the Tribunal, O.A.2175 of 2017 was transmitted to the High Court of Andhra Pradesh at Amaravati and the same is numbered as W.P.(A.T.) No.954 of 2021.
3. Today when the matter is taken up, learned Assistant Government Pleader for Services, on instructions submitted that pending the writ petition, the Director of Intermediate Education, Andhra Pradesh, Tadepalli, Guntur District, issued final integrated seniority list vide Rc.No.Policy /1233798/2020- 17 dated 24.01.2025. A copy of the same is handed over the learned counsel for the petitioner.
4. In reply, learned counsel for the petitioner would submit that cause in the writ petition does not survive by virtue of the final integrated seniority list dated 24.01.2025.
5. Recording the above submission, this writ petition is dismissed as infructuous. However, this order will not preclude the petitioner to challenge Rc.No.Policy /1233798/2020-17, dated 24.01.2025, if he is aggrieved. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
