P. NAGESWARAREDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) Brief facts of the case are that initially the petitioner was appointed as Typist and was promoted as Superintendent and further to the post of Backward Classes Welfare Officer. He was fully qualified for promotion as Deputy Director, B.C. Welfare Department, but before he was so promoted, he retired from service on the AN of 30/6/2010 as Special Officer, AP Commission for B.Cs, Hyderabad, which is equivalent to the post of Deputy Director, B.C. Welfare. The Government in G.O.Ms. No. 106 SW (B) Department, dtd. 19/10/1983 bifurcated the Social Welfare Department into three viz., (1) Social Welfare (2) B.C Welfare and (3) Tribal Welfare. The employees were allotted to the above three departments. The petitioner was allotted to B.C. Welfare Department.

(3.) It is further stated that a DPC was held in B.C Welfare Department for the promotion of D.B.C.WOs as Dy. Directors during the panel year 2007-2008. The name of the petitioner was approved in that DPC for promotion as Dy. Director in G.O.Ms. No. 38 B.C. Welfare (A) Dept dtd. 7/8/2008. but due to personal and family reasons, the petitioner was not in a position to accept the promotion and requested to omit him from the promotion for the panel year 2007-2008. Accordingly, the petitioner's name was omitted. No DPC was conducted during the panel year 2008-2009 stating that no vacancies were existed to fill up by promotion. Thus the petitioner was denied an opportunity of being promoted as Dy. Director for precious year. Thereafter, the 2 respondent has issued proposals for conducting DPC for the panel year 2009-2010 and in the said proposals, the petitioner name was mentioned. However, no DPC was conducted till retirement of the petitioner on 30/6/2010. It is further stated that before the retirement of the petitioner fresh proposals were submitted vide Rc.A/3468/2008, dtd. 11/6/2010 and Rc. No. A3/5654/2007 dtd. 17/6/2010 including the name of one Sri. Y. Prabhakara Rao, a non-departmental employee above the petitioner in the panel year was promoted as Dy. Director.