KHAJA MOINUDDIN Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioners along with four others were promoted as Upper Division Clerks on emergency basis on 5th September, 1972. The order stated that their promotions are purely under emergency basis and they are liable for reversion without notice and without assigning reasons therefor. In regard to six of the promotees which included the petitioners, the order stated that they are directed to pass the following tests (if not already passed) during the period of probation, failing which they are liable to be reverted as L.D.Cs. 1. Accounts Test, Part I, for Subordinate Officers. 2. Accountancy (Lower).'

(2.) By an order dated 20th October, 1972, the petitioners who were promoted as above were reverted as Lower Division Clerks being 'unqualified to hold the post of Upper Division Clerk'.

(3.) It is this order of reversion that was challenged in the writ petition. A certiorari was asked for to quash the same. The main contention was that the petitioners could not have been reverted on the ground of being unqualified as the order promoting them directed them to pass the tests which would have qualified them within the period of probation which was not by then over. It was also contended that even if their promotion was temporary, they could not be reverted on the ground that they were unqualified to hold the posts of Upper Division Clerks.