HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.1392 OF 2003 ORDER: This writ petition is filed seeking to direct the 1st respondent to pay the petitioner regular time scale and admissible allowances in the cadre of Sub-Engineer from 20.9.1993 to 19.9.1994; the 2nd respondent to cause orders appointing the petitioner as Assistant Engineer from 7.7.1999 i.e., the date of appointment of his junior Sri Vijaya Bhaskara Rao duly considering the period of training in the cadre of Sub-Engineer for computation of qualifying service for appointment to the post of Assistant Engineer as was done in the case of Sri Ramaiah who was appointed along with the petitioner as sub- Engineer (Trainee) but joined after about 2 months of his joining as Sub-Engineer; and the 3rd respondent herein to appoint the petitioner as Assistant Divisional Engineer/Mechanical from 9.11.2002 i.e., the date of appointment of his junior in the cadre of Sub-Engineer viz., M. Vijaya Bhaskar Rao with all other attendant benefits. It appears that the petitioner joined in the respondent- organization on 20.9.1993 as Sub-Engineer. On 7.7.1999 one M. Vijaya Bhaskara Rao, who joined as Sub-Engineer on 5.11.1993, was promoted as Assistant Engineer. Now, the grievance of the petitioner is that he was promoted as an Assistant Engineer with effect from 22.4.2002, but he is entitled to be promoted as Assistant Engineer with effect from 7.7.1999 on par with Vijaya Bhaskara Rao, who is said to have less service than the petitioner in the cadre of Sub-Engineer. No counter-affidavit is filed on behalf of the respondents. According to the petitioner, the qualifications required for being promoted to the post of Assistant Engineer are (1) Should be graduate in Engineering and (2) should have put in four years of service as Sub- Engineer. The petitioner passed B.Tech and he put in more than four years of service as on 7.7.1999, when his junior was promoted. It appears that the only ground, for which the case of the petitioner was not considered for promotion, was that the field officer did not furnish service records and particulars of the petitioner before the promotion could be affected. If this is the real reason for denying the promotion to the petitioner, it does not stand to scrutiny of law. It is obligated on the part of the authority to get all the records before consideration of all the cases for promotion. Inspite of doing that, the petitioner was denied promotion on the ground that the records were not available. It is not the case of the respondents that the petitioner is not entitled or there is any deficiency for being considered the case of the petitioner for the post of Assistant Engineer. Under those circumstances, I am of the opinion that the petitioner is entitled to be considered on par with his junior for promotion to the post of Assistant Engineer from 7.7.1999. Therefore, the respondents are directed to consider the case of the petitioner for promotion to the post of Assistant Engineer retrospectively from 7.7.1999 on par with his junior, if he is otherwise eligible as per law and count the service from 7.7.1999 to 22.4.2002 notionally for all purposes and to restore the salary of the petitioner on par with his juniors in the cadre of Assistant Engineer. The case of the petitioner may also be considered for being promoted to the next post of Assistant Divisional Engineer, if he is otherwise eligible as per law on par with his junior and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs. _________________ Justice C.V. Ramulu Dated: 11.2.2011 Nn. HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.1392 OF 2003 11.2.2011