MUTHYALA ASHOK Vs. SHYAMSUNDER

JUDGEMENT

(1.) This writ petition is directed against the order of the Andhra Pradesh Administrative Tnbunal dated 10.12.1999 passed in O.A.No. 4022 of 1997 filed by the 1st respondent herein allowing his application, wherein he assailed the validity of the appointment of the petitioner herein as Junior Assistant with effect from 23.5.1997, and seeking a consequential direction to the official respondents to promote him as Junior Assistant with effect from 14.5.1997 with all consequential and attendant benefits.

(2.) The petitioner was initially appointed as Barber by the 2nd respondent with effect from 25.12.1991 under the Andhra Pradesh Last Grade Service Rules. Prior to that date, the 1st respondent herein was appointed as 'Thoti' with effect from 7.11.1990. The post of Barber falls within Category-12 whereas the post of Thoti falls under Category-8 of the posts.

(3.) When the matter stood thus, at the request of the 1st respondent herein the 2nd respondent issued an office order dated 6.12.1996 appointing the 1 st respondent as Stretcher bearer by way of transfer. It is also relevant to note at this stage itself, the post of Stretcher bearer also falls within category-12 of the posts. Subsequently, on 14.5.1997 the 2nd respondent issued notification calling for applications from the eligible candidates to fill up one post of Junior Assistant and the last date fixed for receiving the applications was 16th May, 1997. The petitioner applied for the post on 14.5.1997 whereas the 1st respondent applied for the said post on 20.5.1997. On consideration of the applications, the 2nd respondent issued office order on 23.5.1997 appointing the petitioner as Junior Assistant. The application of the 1st respondent was rejected by the 2nd respondent by his proceedings Re. No.E2/171/96 dated 6.6.1997 mainly on the following two grounds: "1. In terms of G.O. Ms. No.517, GAD Ser.B dated 29.10.1987 minimum general educational qualifications required for the post of Junior Assistant is intermediate. But he has failed S.S.C. There is no mention in the above said G.O. regarding Open University qualifications. 2. In terms of G.O. Ms. No.565 GAD, dated 24.12.1992 (item No.9) for consideration of promotion or appointment by transfer every person should have completed (3) years of service in the category. But recently he has been appointed by transfer as Stretcher bearer vide this Office Proc. Rc.No.E2/3 20/96, dated 6.12.1996 and reported for duty on 11.12.1996 and he has not completed (3) years of service in the category of Stretcher bearer."