T KRISHNA MURTHY Vs. ENGINEER IN CHIEF

JUDGEMENT

(1.) The Writ Petition No.2626 of 2005 is filed by the Government assailing the Order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No.7741 of 1996, dated 27.12.2004. W.P. No.815 of 2005 was filed by one Mr. T. Krishna Murthy after obtaining leave of this Court challenging the order passed in the above O.A.

(2.) Respondent in W.P. No.2626 of 2005 is the applicant before the Tribunal. He filed O.A. No.7741 of 1996 seeking review of the promotions made in Proceedings No.294 M/86, dated: 27.5.1986 of the Administrator, Vamsadhara Project, Stage I, CADA, Srikakulam and to promote the applicant as Senior Assistant notionally from the date of his juniors were promoted and fixing his rank as 3rd candidate with all consequential benefits.

(3.) Certain essential facts leading to the filing of the O.A. referred to herein. We are referring to the parties as arrayed in W.P. No.2626 of 2005. Respondent was initially appointed as Junior Assistant during February, 1980 in Vamshadhara Project Circle. However, the said division was closed and consequently he became surplus with effect from 31.5.1988. He was surrendered to the Engineer-in-Chief for necessary posting. Therefore, after considering his case, he was given reposting as Junior Assistant at CADA Unit, Vamshadhara Project, Srikakulam by proceedings of the Engineer- in-chief dated 10.7.1985. It was also mentioned in the said communication that he shall take last rank in the unit in which he was posted. After the respondent was transferred, certain promotions took place in the post of Senior Assistant on 17.5.1986. The case of the respondent was not considered as his request for regularisation of service was yet to be finalised in his parent circle. However, the Superintendent Engineer, Srikakulam in proceedings dated: 5.7.1988 regularised the services with effect from 12.2.1982. But, however, by the date, there were some more changes in the administrative set up of CADA unit to which the respondent was transferred. The said unit was closed and he was surrendered in Engineer-in- chief, who in turn again posted him to the office of the Irrigation Circle, Bobili with a condition that he shall take last rank below Probationer/Approved Probationer as the case may be. Accordingly, he joined the service in Bobbili on 16.7.1988. After a lapse of 10 years, the respondent filed O.A. No.7714 of 1996 challenging the Order issued by the Srikakulam unit promoting some of the employees as Senior Assistants in CADA Unit. The said O.A. came to be disposed on 27.12.2004 with a direction that the case of the respondent should also be considered notionally against which the present writ petition has been filed by the Engineer-in-chief as well as other petitioner in W.P. No.815 of 2005.