THE COMMISSIONER & PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE & PLANNING DEPARTMENT Vs. G.MURALI KRISHNA, SENIOR ASSISTANT

JUDGEMENT

(1.) This Writ Petition is field for certiorari to quash order dated 07-08-2002 in O.A.No. 2241 of 1992 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, 'the Tribunal').

(2.) Though served, respondent No. 1, who is the contesting respondent, has not entered appearance. We have heard learned Government Pleader for Services (T.S.) appearing for the petitioner and perused the record.

(3.) Respondent No. 1 was appointed as Junior Assistant on 25-10-1976. He was promoted as Senior Assistant on 06-03-1983. For the purpose of his further promotion, he appeared in Divisional Test Examination (for short, 'D.T.E.'). He secured 242 out of 500 marks i.e. an aggregate of 48.4 marks. Respondent No. 1 filed the aforementioned O.A. assailing the validity of G.O.Ms.No. 33, Finance & Planning (FW.WA.I) Department, dated 04-02-1991 insofar as it imposed the condition that a candidate should pass securing 40% in each paper and 45% aggregate in each compartment i.e. Part I and Part II separately was concerned. The Tribunal has taken the view that G.O.Ms.No. 304 dated 20-11-1979 as amended by G.O.Ms.No. 308 dated 07-12-1981 did not divide the five papers into different parts; that under G.O.Ms.No. 213 dated 14-06-1984, the minimum percentage of marks in each paper was revised from 45 to 40 and the aggregate marks in all papers together were reduced from 50 percent to 45 percent and that respondent No. 1, having secured 48.4%, has satisfied the requirements prescribed under G.O.Ms.No. 304 as amended by G.O.Ms.Nos. 308 and 213. The Tribunal has also held that G.O.Ms.No. 33 impugned before it, which for the first time prescribed two parts, is contrary to the statutory rules framed in G.O.Ms.Nos. 304 and 308.