M NARSING RAO Vs. STATE OF TG

JUDGEMENT

(1.) The present Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents No.1 and 2 in not promoting the petitioner as Assistant Manager and Deputy Manager w.e.f 1/3/2004 and 1/3/2009 with all consequential benefits including seniority and monitory as illegal and violative of Article 14 and 16 (4A) of the Constitution of India, and further direct respondents No.1 and 2 to promote the petitioner notionally w.e.f. 1/3/2004 as Assistant Manager and w.e.f. 1/3/2009 as Deputy Manager with all consequential benefits including seniority, arrears of pay etc.

(2.) It has been contended by the petitioner that he belongs to the ST community (Yerukala) and was appointed as Record Assistant by the 2nd respondent Corporation in the year 1987; at that time he was an undergraduate and he acquired graduation in the year 2013. Later, he was promoted from time to time and finally, to Assistant Manager in the year 2012. The 2nd respondent Corporation promoted a number of individuals who were undergraduates as Assistant Managers and Deputy Managers, but he was denied despite his seniority and rule of reservation.

(3.) The petitioner further contended that he was entitled for promotion under the rule of reservation under Article 16 (4A) of the Constitution of India provides that the State Governments make a provision for reservation in the matter of promotion with consequential seniority in any class or classes of force in the services under the State Government in favour of Scheduled Castes and Scheduled Tribes. The erstwhile State of A.P. Government issued G.O.Ms.No.5 dtd. 14/2/2003 Social Welfare Department and issued G.O.Ms.No.2 dtd. 9/2/2004 providing rule of reservation for Scheduled Castes and Scheduled Tribes in promotions. Under the above G.Os, the petitioner made representation to the 2nd respondent Corporation to consider his request for promotion as Assistant Manager w.e.f 1/3/2004 and Deputy Manager w.e.f.1/3/2009. The eligibility for such promotion as notified shall be that the employee ought to have completed 4 years of service and must be a graduate. He was not a graduate until 2013. Keeping this in view, the Board of Directors of the 2nd respondent corporation, upon taking up this issue, clarified the 2nd respondent that the 2nd respondent has the power including to relax the qualification criteria for promotion to Assistant Manager and Deputy Manager. Subsequently, the 2nd respondent approved the note and agreed in principles to relax the qualification and effect promotions of the petitioner as Assistant Manager w.e.f. 1/3/2004 and Deputy Manager w.e.f. 1/3/2009 with arrears and interest and placed the matter before the D.P.C. along with other employees.