N.PRABHAKAR REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed by the applicants in O.A. No. 1577 of 2012 pending before the A.P. Administrative Tribunal, Hyderabad, aggrieved of order dated 04.01.2013 passed in V.M.A. No. 1173 of 2012 and V.M.A. No. 1768 of 2012. The aforesaid O.A. is filed by the petitioners herein seeking to declare the action of the official respondents herein in not preparing the inter se seniority list among direct recruits and promotees in the cadre of Deputy Collectors as per rules and taking further steps to effect promotions to the posts of Special Grade Deputy Collectors as illegal and arbitrary. After filing the O.A., by order dated 29.02.2012, initially, the Tribunal granted directions not to make any promotions to the next higher post of Special Grade Deputy Collector unless final seniority list is prepared in accordance with the rules. But after filing separate counter affidavits by the official and unofficial respondents, the Tribunal, by recording a finding that the petitioners-applicants will not come within the zone of consideration for promotion for 16 existing vacancies of Special Grade Deputy Collectors, vacated the interim order. Aggrieved of the said order, vacating the earlier interim order, this writ petition is filed.

(2.) Petitioners herein were appointed as Deputy Collectors in the year 2007 in Group I service selections made by the A.P. Public Service Commission pursuant to the notification issued in the year 2003. Mainly it is the case of the petitioners that promotees to the posts of Special Grade Deputy Collectors, in absence of availability of substantive vacancies in the promotees quota on the date of their promotion, are not entitled to get their seniority reckoned from the date of promotion. It is the grievance of the petitioners that promotions were effected in absence of substantive vacancies; in that view of the matter the unofficial respondents herein are not entitled to get their seniority reckoned from the date of their promotion so as to consider their case for further promotion to the post of Special Grade Deputy Collector.

(3.) Initially, the Tribunal passed interim order directing not to effect promotions, but after filing counter affidavits and having regard to the stand of the respondents that the petitioners-applicants will not come within the zone of consideration for promotion, passed the impugned order.