T DATTU Vs. DIVISIONAL ELECTRICALENGINEER APSEB

JUDGEMENT

(1.) The writ petition is filed seeking direction to the Respondents to consider the case of thepetitioner for the promotion to the post of Assistant Lineman from the date on which his immediate junior was promoted

(2.) The facts leading to the case are that the petitioner was initially appointed as a Helper in the A.P.State Electricity Board on 20.2.1971. According to the petitioner he passed VIII class. The petitioner was promoted as Assistant Wireman now redesignated as Assistant Lineman with effect from 21-12-1979. However, the petitioner was reverted as Helper with effect from 2-6-1981 on the ground that he has not produced the necessary educational qualifications required for the promotion to tile post of Assistant Lineman. It is also further grievance of the petitioner that the junior to the petitioner one Syed Karim who had passed only III class yet he was promoted as Assistant Lineman with effect from 1-2-1983. Therefore, the petitioner submits that nonconsideration of the case of the petitioner to the post of Assistant Lineman is 1996(3) F-15 illegal and arbitrary.

(3.) The learned counsel for the Respondents-Board submits that the petitioner was promoted as Lineman pending the submission of VIII class certificate which is the requisite qualification for promotion to the post of Assistant Lineman. When he was directed to produce the certificate, he did not do so. Hence he was reverted on 2-6-1981 to the post of Helper pending enquiry. Subsequently, the disciplinary enquiry was conducted against the petitioner and it was found that the petitioner produced false educational qualifications certificates. Therefore, the petitioner was imposed with the punishment on postponement of promotion for a period of three years from 30-8-1983. After the expiry of punishment period the case was reviewed and he was again promoted to the post of Assistant Lineman with effect from 21-9-1989. Since the petitioner did not possess the requisite qualifications, necessary relaxation in respect of educational qualification was granted by the authorities on 30-11-1988. There fore, he submits that the claim of the petitioner for promotion onpar with his junior SyedKarim is absolutely irrelevant and that the writ Petition is liable to be dismissed.