IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 4684 of 1999 Between: K.Chandraiah S/o.Bhimaiah O/o.Head Post Master Jagtial, Karimnagar Dist ..... PETITIONER AND 1 The Superintendent of Post Offices, Karimnagar Division, Karimnagar 2 Chief Post Master General A.P.Circle, Hyderabad 3 C.A.T. rep.by its Registrar HACA Bhavan, Saifabad, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ or order or direction especialy one in the nature of writ of certiorari. i) call for the record pertains to judgment dt.31/12/98 in OA.No.1716/1998 on the ﬁle of the Central Administrative Tribunal, Hyderabad and quash the same. ii) declare the action of the respondents in reverting the petitioner to the post of postman vide Memo NO.B1-347/98, Dt.19/11/98 as illegal and arbitrary iii) direct the respondents to continue the petitioner as Postal Assistant duly setting aside the impugned Memo No.B1-347/98, Dt.19/11/98 iv) and pass such other order or orders. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.4684 of 1999 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled challenging the judgment rendered in O.A.No.1716 of 1998 dated 31-12-1998 on the ﬁle of Central Administrative Tribunal, Hyderabad. 2. The petitioner, while working as postman, was promoted as Postal Assistant with eﬀect from 29-12-1989. While so, he was sought to be reverted to the post of postman on the ground that as per new Scheme, the minimum qualiﬁcation for the post of Postal Assistant is XII standard. The grievance of the petitioner is that though he had applied for the vacancy in the post of Postal Assistant pertaining to the year 1988 and the prescribed qualiﬁcation for such promotion at that time was S.S.C., the oﬃcial respondents have introduced new and higher qualiﬁcation of pass in intermediate course and reverted him on the premise that he is not having requisite qualification. The case of the petitioner is that he is entitled to be considered under the old Rules 3. Heard learned counsel for the petitioner and learned standing counsel appearing for respondents. Learned counsel for the petitioner contended that there was a vacancy in the post of Postal Assistant in the year 1988 before the new Scheme was introduced in 1989 and as such, the Rules prevailing in 1988 have to be applied. He relied upon the decision of the Supreme Court in Y.V.RANGAIAH Vs. J.SREENIVASA RAO [1] wherein it was observed that the vacancies, which occurred prior to amended Rules would be governed by old Rules and not by new Rules. 4. At this stage, learned counsel for the petitioner submits that the petitioner had retired from service. It is seen from the proceedings sheet that this Court vide its order dated 29-6-1999 had granted interim direction to the oﬃcial respondents to continue the petitioner as Postal Assistant, pending disposal of the writ petition. It is not disputed that the petitioner had continued as Postal Assistant until he retired from service, pursuant to interim order of this Court. When the petitioner had been discharging the duties of a Postal Assistant, it is obligatory on the part of the Department to pay the salary and allowances applicable to that post. Having regard to the fact that the petitioner retired from service and was holding the post of Postal Assistant at the time of retirement, we are of the considered view that the petitioner is entitled to all the retiral beneﬁts applicable to the post of Postal Assistant. 5. Subject to above, the writ petition is disposed of. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 16-09-2008 bsc [1] AIR 1983 SC 852