STATE OF A P Vs. C SRINIVASULU REDDY

JUDGEMENT

(1.) This writ petition challenges the order of the A.P. Administrative Tribunal in O.A. No.2049 of 1999. The O.A. was filed by the respondent herein challenging the Government Memo No.34094/Ser.n-2, dated 8.4.1999.

(2.) The case of the respondent before the Tribunal was that he belongs to Zone-III. He was appointed as Physical Director Grade-II with qualifications of B.Com., B.P.Ed. He also acquired M.P.Ed, qualification on 12.4.1984. He was entitled for promotion to the post of Physical Director, Grade-I which arose on 16.7.1988. But the Government did not consider him and Sri S. V. Krishna Reddy was brought on deputation from Zone-IV and he was given the post. Aggrieved by the action of the Government, the respondent filed RP No.323 of 1986 before the erstwhile Tribunal. The Tribunal by its order dated 28.8.1986 allowed the RP. The Government in G.O. Ms. No.354, dated 11.5.1990 made it clear that the notional date of promotion can be given whenever it was found that the claim of the member of service for such promotion in due turn was ignored without justification. The respondent contended before the Tribunal that even though he was entitled for notional promotion with effect from 12.4.1984, his claim was rejected by the order impugned before the Tribunal on the ground that no juniors to him had been promoted. Government Memo dated 8.4.1999 which was sought to be quashed by the respondent before the Tribunal reads as under:

(3.) The writ petitioners filed a counter stating that Sri. S. V. Krishna Reddy who belongs to Zone-IV had been repatriated to Zone-IV and the respondent in this writ petition was promoted as Physical Director, Grade-I. This was done on the basis of the judgment of the Tribunal in RP No.323 of 1986. In the judgment the Tribunal had directed the writ petitioners to consider the claim of the respondent for promotion. It was considered and the respondent was promoted and Sri S. V. Krishna Reddy was repatriated. The claim of the respondent for notional promotion from the date Sri S. V. Krishna Reddy was appointed, was declined as no juniors had been promoted. The Tribunal allowed the O.A. on the ground that since the respondent was available and was qualified on the date the vacancy occurred, but he was not considered for promotion and, on the other hand, a person was brought on deputation, therefore he was entitled to notional promotion from the date the vacancy became available. Aggrieved of the order of the Tribunal, the Government of A.P. has filed this writ petition.