G VENKATESWARA RAO Vs. ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari declaring the order dated 15-12-2009 passed in O.A. No. 6364 of 2009 on the file of the A.P. Administrative Tribunal, Hyderabad (for brevity 'the Tribunal'), as illegal, arbitrary and contrary to the Andhra Pradesh Administrative Tribunal Non-gazetted Service Rules, 1981 (for short '1981 Rules') issued in G.O.Ms. No. 541 dated 15-10-1981 and against the judgment of the Supreme Court in The District Registrar, Palghat and Anr. v. M.B. Koyakutty, 1979 2 SCC 150

(2.) Brief facts of the case are as follows:

(3.) When vacancies in the category of senior assistants arose, the Petitioner along with one A. Venkatesh submitted a representation on 24-04-2009 to the Hon'ble Chairman, Tribunal, to consider their case for promotion to the post of senior assistant in the said vacancies. Without considering their representation, the 1st Respondent vide proceedings dated 12-05-2009 promoted Respondents 3 and 4 along with two others. Challenging the said order, the Petitioner filed O.A. No. 6364 of 2009 before the Tribunal. The Tribunal by interim order dated 10-06-2009, directed the Respondents to consider his case for promotion to the post of senior assistant as per Rules, eligibility and suitability, observing that the qualification of graduation for the post of UDC was not prescribed anywhere in the Rules. The Respondent No. 1 did not implement the orders dated 10-06-2009 and further gave a show cause notice dated 07-07-2009 for cancellation of 16 years promotion scale granted to the Petitioner on the ground of non-possession of graduation qualification. Aggrieved by the same, he filed C.A. No. 538 of 2009. He also filed another O.A. No. 7999 of 209 challenging the show cause notice dated 07-07-2009. The Tribunal by common order dated 15-12-2009, dismissed both the O.A.s along with C.A. holding that graduation qualification is required to get the promotion to the post of senior assistant.