D SAIBABU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed challenging the Orders passed by the 1st respondent dated 19-3-1990.

(2.) It is the case of the petitioner that he was initially appointed as Record Assistant on 29-6-1990 4th respondent was appointed as Conductor on 12-7-1988. As per the promotion channel, the petitioner is entitled for promotion to the post of a Junior Assistant in accordance with law and there is no channel for the post of Conductor. The 4th respondent was holding the post of Conductor, but however, the said post was converted into as Junior Assistant and by an Order dated 19-3-1990 he was appointed as Junior Assistant. The petitioner was subsequently promoted as Junior Assistant on 29-6-1990. The grievance of the petitioner is that he should have been promoted earlier to the post of Junior Assistant and there is no rule permitting the conversion from the Conductor to Junior Assistant. Therefore, the very conversion of the 4th respondent is contrary to law. Hence, he submits that the order dated 19-3-1990 has to be set aside. On the other hand, the learned Counsel for the 4th respondent submits that the con version order passed was by the Commissioner dated 25-11-1.989 and in pursuance of the said conversion order the consequential proceedings were issued by the Executive Officer on 19-3-1990. Therefore, since the petitioner did not challenge the conversion order, he cannot have any relief in the present writ petition.

(3.) Having heard the learned Counsel for the parties, I am not inclined to go into the merits of the case.