E SREERAMULU Vs. K CHENGAL RAYAN

JUDGEMENT

(1.) The question that arises in this appeal appears to be apparently simple but is rather complex in actuality because of the equivocality in the statutory provisions that enacted and also because of the evolutionary process in the judicial decisions; what criteria are to be adopted for promotion to a non-selection post, particularly in the absence of any guidelines in the statutory provisions occupying the field?

(2.) Before answering the question raised above, the salient features of the case may be noticed. The appellant herein is the 3rd respondent in the writ petition. The petitioners in the writ petition, who are three in number, are working as Sanitary Inspectors in the service of the 1st respondent, Tirumala Tirupathi Devasthanam, hereinafter referred to as "T.T.D." having joined the service in July, 1960, September, 1960 and December, 1963 respectively. The 2nd respondent in the writ petition joined the same category in February, 1963 and the 3rd respondent in 1966. On 13th July, 1979, by the impugned order, three persons including the respondents 2 and 3 herein, have been promoted to the posts of Senior Sanitary Inspectors, which posts were created for the first time. This promotion has to be made on the basis of seniority only as per the rules and not on the basis of selection. This resulted in deprivation of the rights of the petitioners who are admittedly seniors to the respondents 2 and 3. It was further averred by the petitioners that one of the three promotees, viz., Sri P Munirathnam, who is admittedly the senior most of all the personnel, has been very rightly promoted and so no grievance could be made of against that promotion and, therefore, the said Munirathnam, has not been impleaded.

(3.) After assessing the rule position, and in the light of the various materials, placed before him, our learned brother Jeevan Reddy, J., quashed the impugned order while upholding the contention of the petitioners. Hence this writ appeal by the 3rd respondent alone.