K BALAKRISHNA Vs. B JAGDISH KUMAR

JUDGEMENT

(1.) This writ petition is filed questioning the legality and validity of the order dated 19.10.2009 passed in OA No.7521 of 2009 by the Andhra Pradesh Administrative Tribunal.

(2.) The first respondent herein approached the A.P. Administrative Tribunal by way of filing OA No.7521 of 2009 challenging the action of the Engineer-in- Chief, third respondent herein, in allotting him to Zone-VI from Zone-V and depriving his right to promotion to the post of Deputy Executive Engineer as per his turn in the Seniority List in the cadre of Assistant Engineers in Zone-V under Rule of Reservation as illegal, arbitrary and contrary to the Presidential Order and for a consequential direction to consider his case for promotion to the post of Deputy Executive Engineer from Zone-V as per his original zona] allotment by following Rule of Teservation.

(3.) Counter-Affidavit is filed on behalf of the first respondent slating that he was initially appointed as Assistant Engineer on 27.1.1981 in Zone-V and his services were regularized in Zone-V vide G.O. Ms. No.413, dated 28.8A 983 and his probation was declared w.e.f. 3.12.1983. It is stated that he completed twenty eight years of service in Zone-V and he is the senior most Assistant Engineer in SC Community, Thereafter, due to exercise undertaken by the Government to review all appointments/postings made in various zones in contravention of the provisions of the Presidential Order, the department found that the first respondent is a native of Zone-VI and continuing in Zone-V, and therefore, his name was deleted from Zone-V tentative seniority list issued by the second respondent in the cadre of Assistant Engineer and shown in Zone-VI. It is further stated that one Sri R. Ashok Kumar, junior to the first respondent was promoted to the cadre of Deputy Executive Engineer on 29.6.2009 in Zone-V and he is deprived of promotion due to sudden change of zone. Therefore, he filed the aforesaid OA challenging the action of the Engineer-in-Chief in allotting him to Zone-VI and depriving him of right to promotion to the post of Deputy Executive Engineer. It is further stated that pursuant to the direction of the A.P. Administrative Tribunal, he was treated as a person belonging to Zone-V and considered for promotion to the post of Deputy Executive Engineer in Zone-V and promoted as DEE on in-charge basis by proceedings dated 2.3.2010 and therefore prayed to dismiss the writ petition.