THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No. 24529 of 2009 Between: The State of A.P. and others AND Ch. Emmanuel .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No. 24529 of 2009 ORDER: (per KGS, J ) The respondent was appointed as Junior Assistant from the post of Mali. The Government opposed the promotion of the respondent and passed orders reverting him. The promotion of the respondent was in fact temporary promotion in the vacancy reserved for direct recruitment. The respondent approached the Tribunal for redressal of his grievance. The Tribunal through the impugned orders directed the writ petitioners to continue the respondent as Junior Assistant till the suspended officer is reinstated into service. Aggrieved by the same, the present writ petition is filed. 2. The first respondent was a Mali in the last grade service. It would appear that Mali is one of the feeder posts for promotion as Junior Assistant. There were only two vacancies and both the vacancies were reserved for direct recruitment of S.C. and S.T. categories. In one of the vacancies which arose on account of the suspension of a Junior Assistant, the respondent was temporarily promoted. According to the Government, the respondent cannot be appointed to the post reserved for direct recruitment under S.C. and S.T. category. 3. The learned Government Pleader also pointed out that two direct recruitment vacancies arose because the incumbents were under suspension. It is the contention of Sri J.R. Manoher Rao, learned counsel for the respondent that the respondent has been working in one of those vacancies. The learned Government Pleader, on the other hand, contends that the respondent was reverted as a Mali subsequent to the status quo order passed by the Tribunal. His claim is that as the respondent is now working as Mali, he cannot be continued as Junior Assistant. 4. There is no dispute between the petitioners and the respondent regarding the fact that the post held by the respondent is reserved for direct recruitment and that the respondent is a promotee. However, it is the contention of the learned counsel for the respondent that the respondent be continued in the position as Junior Assistant till regular incumbent is appointed by direct recruitment to the said post. The learned Government Pleaded submitted that the vacancy is not available as the vacancy was already filled up by the candidate who was under suspension by revocation of the suspension order. 5. Both the sides agree that the post is reserved for direct recruitment. The dispute inter alia is whether the respondent is working as a Junior Assistant or not. The learned Government Pleader submits that the respondent is continuing on account of the interim order passed by the Tribunal. Thus, evidently the respondent is presently working as a Junior Assistant. At the same time, the post is reserved for direct recruitment vacancy. The learned counsel for the respondent suggests that the respondent may be continued as Junior Assistant till the regular vacancy is filled up by a directly recruit person. As the respondent is presently officiating as a Junior Assistant, it would be just and proper to continue him in the same position till the regular incumbent is appointed. 6. Accordingly, the writ petition is disposed of holding that the respondent shall be continued till the Government appoints regular direct recruit employee in the said vacancy. It is needless to state that the Government is at liberty to fill the vacancy with a regular direct recruit employee or by revoking the suspension against the regular incumbent, in which event, the Government would be at liberty to revert the respondent as Mali. No costs. ________________________ GHULAM MOHAMMED, J. ________________ K.G.SHANKER, J. 21-3-2011 KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No. 24529 of 2009 21-3-2011