V CHANDRAMOULI Vs. A P S E B

JUDGEMENT

(1.) The petitioners were working as Upper Division Clerks (UDCs for short) in the E R O's office in the A P State Electricity Board-first respondent. They filed the writ petition for a declaration that B P Ms No. 442 dt. 27-5-85 as arbitrary and illegal and unenforceable and for issuance of directions to the first respondent Board to fill up the vacancies of Accountants treating 3 years period as minimum period of service as UDCs for promotion to the category of Accountants. Pending the writ petition the petitioners filed WPMP No. 4629/89 praying for permission to raise an additional ground to the effect that they (the petitioners) acquired the required qualifications for preference over their seniors reckoning their seniority with effect from the respective dates of acquision of qualification for promotion to the category of Accountants.

(2.) It is stated by the learned counsel for the petitioners as well as the learned standing counsel for the respondents that during the pendency of the writ petition the petitioners have acquired the requisite qualification for promotion to the category of Accountants and that the petitioners were all promoted to the posts of Accountants. Since the relief sought for in the Writ petition was already granted by the Board what remains to be considered is whether the petitioners are entitled to have the seniority fixed over their seniors with effect from the respective date of acquisition of qualification for promotion to the category of Accountants by the petitioners.

(3.) It is not disputed that in order to be eligible for promotion to the post of Accountant, one must pass the Accounts Test. It was also so held in W P No. 1933/78 dated 30-12-86 by this Court. It was further held that the services of persons who passed the requisite tests should be reckoned with effect from the date of passing the Test. Tt therefore follows that the petitioner are entitled to reckon their seniority in the post of Accountant with effect from the date of passing of the test. To the same effect is the decision of this court in W P No. 2064/87 dated 21-10-87.