PRINCIPAL SECRETARY TO GOVT Vs. G RAMESHWAR

JUDGEMENT

(1.) This writ petition is filed by the petitioner- Department aggrieved by the judgment dated 23-2-2005 in O.A.No.6157 of 2003 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad.

(2.) The above said O.A was filed by the respondent-applicant to direct the petitioner-Department to promote him as Assistant Secretary by holding the action of the petitioner-Department in denying him the promotion permanently on the ground that the respondent-applicant refused to join when he was promoted earlier to the said post as illegal and to set aside the Proceedings in Memo dated 25-5-2002 and also G.O. Ms. No.123 dated 14-3-2001.

(3.) It is the case of the respondent-applicant that he is working as a Section Officer in the Energy Department. While so, he was promoted as Assistant Secretary against a leave vacancy through G.O. Rt. No. 4515 dated 14-10-2001, in which post, he did not join and that now, he is not being considered for promotion on the ground that his right to promotion for the present and future has been forfeited to the post of Assistant Secretary under Rule 11(b) of A.P. State and Subordinate Service Rules (for short 'the Rules'). It is his further case that the Government through G.O. Ms. No.145 dated 15-6-2004, amended Rule 11(b) of the Rules, as per which, in the event of any employee who does not join the promotional post within the stipulated period or evades to join the same by proceeding on leave, shall lose his promotion right/offer for the current panel year and the name of such candidate shall be placed before next Departmental Promotion Committee for consideration of his case in the next year panel subject to availability of vacancy.