S SUDARSHAN Vs. STATE OF A P

JUDGEMENT

(1.) I these Writ Petitions can be disposed of by a common order as they are directed against the same order of the A.P. Administrative Tribunal, Hyderabad (for short, the Tribunal) in O.A.No.7069 of 1996 dated 30-7-1997.

(2.) The case has a chequered career. The unofficial respondent in W.P.No.29775 of 1997, Mr. A.S.N. Murthy, has been agitating for more than a decade with regard to his promotion and other consequential benefits. However, we need not go into all those details and suffice it to refer to the following relevant facts. He filed O.A.No.7069 of 1996 claiming the following numerous reliefs:

(3.) Mr. A.S.N. Murthy, the unofficial respondent in the first Writ Petition was initially appointment as LDC in the establishment of Chief Rationing Officer (CRO) on 26-3-1974, promoted as U.D.C. in the same unit on 24-4-1980 and further promoted as Deputy Tahsildar (CS) on 18-3-1984. When he was transferred to Mahabubnagar District on administrative grounds, he refused to go there and sought for retention at Hyderabad in the CRO's unit. Some vacancies in the cadre of Tahsildar, which is equivalent to the post of Assistant Supply Officer (ASO) arose in the year 1988, for which the cases of the eligible candidates were considered with reference to their seniority and merit and some of them were promoted. It should be mentioned at this stage itself that 25% of the vacancies in the post of Tahsildar are reserved to be filled up from among the candidates holding the post of Deputy Tahsildar in Civil Supplies Department and CRO's office and the ratio of 2:1 between the Civil Supplies Department and the CRO's unit is to be maintained. Therefore in February 1988 when two posts of Tahsildars were available to be filled up, one Mr. R. Balaiah and Mr. Javeed Ahmad Khan, who were working as Deputy Tahsildars from 23-2-1981 and figuring at S.Nos.3 and 4 in the seniority list and admittedly seniors to Mr. A.S.N. Murthy, were promoted to the post of Tahsildar with effect from 4-2-1988. Admittedly, Mr. A.S.N. Murthy was figuring at S.No.22 in the said seniority list. It is also to be noticed at this stage that in order to consider his case for promotion to the post of Tahsildar, as per Rule 6 of the Special Rules for the A.P. Civil Supplies Service (Gazetted) issued in G.O.Ms.No.154, Food and Agriculture (CS.II) Department dt.19-3-1986, (for short, the Rules) he must have rendered satisfactory service of Superintendent/D.T. (CS) for a minimum period of three years, out of which one year service shall be in executive capacity in a District. As admittedly Mr. A.S.N. Murthy did not possess the said requirement, his case was not considered. Therefore, in order to enable him to acquire the said eligibility criteria, he was transferred to Anantapur District on 20-2-1988. He challenged the said transfer order by filing an O.A. before the Tribunal, on the ground that he cannot be transferred from one zone to another zone contrary to the provisions of the Presidential Order. However, the said O.A. was dismissed by the Tribunal and the said order has become final. Thereafter he started applying for long leave in different spells and finally he reported at Anantapur on 7-3-1989 and worked there till 1995-96 and thereafter he was transferred back to Hyderabad. Thus, he fulfilled the requirement of having worked for one year in an executive capacity in a District only on 6-3-1990. Thereafter, he filed the present O.A. before the Tribunal for the reliefs mentioned above. According to him, he became eligible to be considered for promotion to the post of Tahsildar by 1984 itself as he passed all the Departmental tests and also fulfilled the requirement of having worked in an executive capacity in a district for a year, as he worked in Hyderabad district for more than three years, and hence he ought to have been promoted in the year 1984 itself. Hence, he sought for a direction to promote him with effect from the date when Mr. R. Balaiah and Mr. Javeed Ahmad Khan were promoted on 4-2-1988.