M MAZHARUDDIN ALI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Cas Nos. 1866-82 of 1994 The appellants in these appeals were promoted from the post of deputy Forest Range Officers to the post of Forest Range Officers in the state of Andhra Pradesh under the order of 15-6-1991. The appellants had not passed the departmental test required for promotion to the post of Forest range Officers. They, however, contended that by a memo dated 26-3-1991 issued by the Principal Secretary to the Government, the condition requiring them to pass the departmental examination was relaxed in terms of that order and hence they were legitimately promoted. It should be noted that the promotion was temporary since the vacancies were only available to direct recruits while the appellants were promotees.

(2.) Their promotion was challenged before the Andhra Pradesh administrative Tribunal by the Deputy Forest Range Officers who had already qualified in the departmental tests. By the impugned judgment and order dated 26-3-1993, the Andhra Pradesh Administrative Tribunal has set aside the order of promotion and has further given a direction that if any of the present appellants has become qualified subsequently, he may be considered for the subsequent panels after he became qualified.

(3.) We are not concerned in these appeals with the subsequent circulars or orders issued in connection with passing or not passing the departmental examination. Hence, we have not considered the same.