T SOMESWARA RAO Vs. VISAKHAPATNAM PORT TRUST

JUDGEMENT

(1.) The petitioner was initially appointed as Level I Tally Clerk on 1-7-1967 in the Visakhapatnam Port Trust. Thereafter, he was promoted as Level II Upgraded Tally Clerk on 1-11-1983, as Assistant Quay Forman on 3-7-1995 and as Quay Forman on 10-2-2000. Ultimately, he took voluntary retirement on 8-2-2001. The 3rd respondent who belongs to a reserved category, was appointed as Tally Clerk on 21-9-1982. He was promoted to the post of Upgraded Tally Clerk on 30-10-1983, as Assistant Quay Forman on 21-8-1987 and as Quay Forman on 1-8-1992. He was further promoted to the post of Dock Inspector on 18-9-1997 and Assistant Traffic Manager on 5-1-2001.

(2.) The complaint of the petitioner is that though he was appointed almost 15 years prior to the 3rd respondent, he was denied the promotion to the post of Dock Inspector and Assistant Traffic Manager, while the 3rd respondent was promoted to those posts. According to the petitioner, even though the 3rd respondent was appointed against a reserved vacancy, his seniority at every level has to be maintained.

(3.) Respondents 1 and 2 filed counter affidavit stating inter alia that though the petitioner and the 3rd respondent worked at initial two levels together, thereafter at every other level, the 3rd respondent got accelerated promotion on account of operation of reservation. It is stated that by the time the petitioner came to be promoted to the post of Assistant Quay Forman, the 3rd respondent was promoted as Quay Foreman and thereafter to other higher posts.