H SURYANARAYANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed seeking Writ of mandamus compelling the respondents to promote the petitioner to the post of U.D.C. with effect from 26-2-1986 and to consider the case of the petitioner for further promotions, on the basis that he was working as U.D.C. with effect from 26-2-1986

(2.) The facts leading to the case are that the petitioner was appointed as a clerical Attender under the 5th respondent's institution on 27-6-1960. He was promoted as the L.D.C. with effect from 1-7-1965. It is the case of the petitioner that he is entitled for promotion to the post of U.D.C. which arose on 11-1-1983 and 1-7-1983 consequent on the retirement of certain employees. The petitioner submits that he was exempted from passing departmental test as he crossed 45 years, therefore he submits that non-consideration of his case for the promotion as U.D.C. is wholly arbitrary, illegal and unjust.

(3.) It is submitted on behalf of the Respondents that the petitioner cannot be considered for promotion to the post of U.D.C. as he did not fulfil the conditions laid down for such promotion. As per the Rules in force, the petitioner has to pass necessary test, however the Director of Higher Education has issued proceedings on 16.1.1984 exempting the staff from passing the test who have crossed the age of 45 years. However, the said exemption was withdrawn in G.O.Ms. 54, dated 30-1-1984 and therefore there is no provision according to the Rules to promote the petitioner to the post of U.D.C.