D M SHANKAR Vs. REGISTRAR

JUDGEMENT

(1.) The petitioner has challenged the order dt. 4-5-1998 passed by the A.P. Administrative Tribunal, Hyderabad dismissing his O.A. being O.A.No. 2030 of 1997. He has also challenged the order in ROC No. 394/96-Admn., dt. 20-12-1996 promoting 2nd respondent as Assistant Registrar as illegal and arbitrary.

(2.) The following facts are not in dispute. That the petitioner was senior to 2nd respondent in the category-V of A.P. Administrative Tribunal, Gazetted service i.e., Court Master/Personal Assistant. His probation was declared with effect from 9-11-1983, whereas the 2nd respondent's probation was declared with effect from 14-1-1984. A seniority list of category-V officers was issued on 11-2-1992. In the said seniority list the petitioner stood at Sl.No.3 and the 2nd respondent stood at Sl.No.4. When there was a vacancy of Assistant Registrar's post, they had to be considered and after consideration, the 2nd respondent was promoted and the petitioner was rejected.

(3.) The main contention of the petitioner was that certain adverse remarks were taken into consideration by the selection authority on the basis of which he was not promoted, although these adverse remarks had never been communicated to him. This fact has been accepted by the 1st respondent in the counter-affidavit filed before the Tribunal as well as before this Court. But at page No.4 of the counter-affidavit filed before this Court it has been stated, "............ when a representation was made by the petitioner on 5-2-1997, adverse remarks made for the years 1993, 1994, 1995 and 1996 were communicated to the petitioner by Memo, dated 7-2-1997. The adverse remarks made against the petitioner are as follows: