R NARAYANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner and respondents 2, 3 and 4 were, all of them, Regional Transport Officers prior to 22nd November, 1966. It is not disputed that the petitioner was senior to respondents 2, 3 and 4 on that date. On 22nd November, 1966, the second respondent was promoted as Deputy Transport Commissioner by G.O. Ms. No. 2516. On 24th March, 1967 the third respondent was promoted as Deputy Transport Commissioner by G.O. Ms. No. 532. Both these promotions were on a regular basis. On 17th April, 1967 the fourth respondent was temporarily promoted as a Deputy Transport Commissioner by G.O. Ms. No. 729.

(2.) I understand that he has since been reverted and his temporary promotion is now not in question before me. The promotions of respondents 2 and 3 made on a regular basis are the subject-matter of this writ petition. The posts of Deputy Transport Commissioners were sanctioned by G.O. Ms. No. 1257, dated 3rd June, 1960. In exercise of the powers conferred by the proviso to Article 308 of the Constitution, by G.O. Ms. No. 660, dated 31st March, 1961, the Governor of Andhra Pradesh made rules constituting the posts of Deputy Transport Commissioners as a distinct category in the Andhra Pradesh Transport Service and making the general and special rules applicable to that service applicable to persons holding the posts of Deputy Transport Commissioners. It was expressly stated in rule (2) that

(3.) Under rule 3 (c) of those Rules