O MADHUSUDHANA Vs. STATE OF AP

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Heard Mr. D. Linga Rao, learned Standing Counsel for the petitioner and learned Government Pleader for Services-I and II for the respondents 1 to 3 and Mr. M. Vijaya Kumar, learned counsel for the 4th respondent.

(3.) Learned counsel for the petitioner would contend that the petitioner was initially appointed as Deputy Executive Information Engineer on 14/2/1994. Thereafter he was posted on 31/5/2008 as Chief Information Engineer. Consequent Andhra Pradesh Re-Organization Act, 2014 enacted the petitioner was holding the post of Chief Information Engineer as on 2/6/2014. The Government of India allocated the petitioner to Andhra Pradesh vide order dtd. 24/11/2015 and his name was shown at Item No.6 and now he is working under administrative control of Successor State of Andhra Pradesh. The petitioner is eligible for promotion to the post of Additional Direct as per the special rules of the Government. As per Rule 3 of the special rules, the post of Additional Director shall be filled up by promotion from categories 2 and 3 and the Government is the appointing authority. The Government issued orders in G.O.Ms.No.108, dtd. 5/3/1993 re-designating the post of Radio Engineer as Chief Information Engineer. Later vide G.O.Ms.No.541, dtd. 14/10/1993, the government has issued certain amendments to the adhoc rules governing the posts of Additional Directors that in Rule 3, after the words "Joint Directors" the words and Radio Engineer" since re-designated as Chief Information Engineer shall be inserted likewise rule 4 also as amended. Therefore Chief Information Engineer and Joint Director, I and IP are eligible for promotion to the post of Additional Director, I and PR and such promotions shall be effected from a combined seniority list of Joint Directors and Chief Information Engineer in accordance with Note 1 appended to Rule 3 of Special Rules. Since the official respondents were not preparing the combined seniority list as per Special Rules, the petitioner submitted several representations to consider the case of the petitioner for promotion in accordance with rules. But the respondents did not take any action so far, which is illegal and arbitrary. Hence the writ petition came to be filed.