GOVERNMENT OF ANDHRA PRADESH Vs. PROFESSOR M HARAGOPAL

JUDGEMENT

(1.) Aggrieved by the Order dated 11.10.2013 passed by the A.P.Administrative Tribunal, Hyderabad (hereinafter referred to as 'the Tribunal) in O.A.No.2254 of 2010, the Government of Andhra Pradesh and two others have filed the present Writ Petition. The said O.A. was filed before the Tribunal by the applicant-respondent No.2 herein against the present writ petitioners, who are respondent Nos.1 to 3 therein (The parties hereinafter will be referred to as they were arrayed before the Tribunal).

(2.) The brief facts of the case are that the applicant has filed O.A.No.2254 of 2010 to declare the action of the respondent No.1 in issuing the impugned memo No.15997/IE.I/A1/2007-4, dated 21.03.2009, rejecting the appeal/review of the applicant, and the same was communicated to the applicant through Proceedings Rc.No.Ser.I-3/481/2005, dated 22.04.2009, by the respondent No.2 as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondent No.1 to pass the orders promoting the applicant to the post of Principal notionally from the date on which his junior Mr. G. Gopal Rao was promoted as Principal vide Proc.Rc.No.5507/ICI-i/84, dated 13.11.1984 with all consequential benefits, and further to direct to promote to the post of District Vocational Education Officer/Joint Director in Intermediate Education Department notionally and fix the pension accordingly.

(3.) The case of the applicant is that he has retired as Principal of Government Junior College on 31.08.2006. Initially the applicant joined as a Junior Lecturer w.e.f.07.09.1971, and his services were regularized w.e.f. 01.11.1971, and the services of one G.Gopal Rao were regularized w.e.f. 18.12.1971 in the category of Junior Lecturer. As per the Seniority List of Junior Lecturers, which was issued on 10.07.1980, the name of the applicant was shown at Sl.No.24, and that of G.Gopal Rao at Sl.No.30. Moreover, the applicant has passed all the requisite departmental tests for promotion to the post of Principal of the Junior College. Further, the post of Junior Lecturer is a feeder category to the post of Principal. While he was working as a Junior Lecturer, he got an opportunity to go to the Republic of Kenya, under Government of India Deputation Programme in February, 1980, for a period of three years and further period of 2 1/2 years. After completion of the deputation period, he has reported back to the parental department in January, 1985. The applicant further claims that while he was on deputation, in the year 1984 Mr. G. Gopal Rao, who was shown in the seniority list, dated 10.07.1980, at Sl.No.30, was promoted as Principal of the Junior College by ignoring the case of the applicant on the ground that he was on foreign deputation. Though initially he had given representation to the respondents seeking notional promotion to the post of Principal on par with his junior Mr.G.Gopal Rao, no action was taken. As such, he was constrained to file O.A.No.2247 of 2005 in the Administrative Tribunal. The Tribunal passed Orders on 30.06.2006 directing the respondent No.1 therein to re-examine the case of the applicant afresh and to pass appropriate orders. Pursuant to the order of the Tribunal passed in O.A.No.2247 of 2005, the 1st respondent issued G.O.Rt.No.566, Higher Education (IE.I/A1) Department, dated 24.07.2007, rejecting the request of the applicant for fixation of seniority and promotion to the post of District Vocational Officer/Joint Director in Intermediate Education Department. Thereafter the applicant has made another representation, dated 25.07.2007, no action was taken and as such, he was constrained to approach the Tribunal again by filing O.A.No.4879 of 2008 and thereafter, during the pendency of the said O.A., the impugned memo No.15997/IE.I/A1/2007-4, dated 21.03.2009, was passed by the 1st respondent rejecting the appeal of the applicant and as such, O.A.No.4879 of 2008 was closed.