THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 25974 of 2007 Dated: 23-01-2008 Between 1) M/s. Sri Lakshmi Srinivasa Trading Company, Rep. by its Partners Mr K Kalander s/o. K Jabbar Saheb, Aged about 34 years, D.No. V/231, Mugithi Village, Kurnool District. And another ..Petitioners And 1. The State of Andhra Pradesh, Rep. by its Deputy Commercial Tax Officer, Yemmiganur Unit, Ymmiganur, Kurnool District And 2 others Respondents THE HON’BLE MRS JUSTICE T. MEENA KUMARI And THE HON’BLE MS JUSTICE G ROHINI Writ Petition No. 25974 of 2007 ORDER ( per the Hon’ble Mrs. Justice T Meena Kumari) : 01. This writ petition is filed seeking to declare the action of the respondent No.1 in issuing Urgent Notice RC.No. SA6/62/2007-08 dated 26-10-2007 as illegal, against the statutory provisions without passing an aseessment order taking into consideration the documents filed by the petitioners/dealers , and consequently to direct the 2nd respondent to make an assessment as per the law laid down and to pass necessary orders. 2. Heard the learned counsel for the petitioner and the learned Special Standing Counsel for the respondents. 3. The O A was filed by one A Venkateswarlu, applicant therein, seeking for a direction to the respondents therein to promote him to the cadre of Senior Assistant Engineer from 1-9- 1990 or 27-9-1990 by removing the anomaly in considering the deemed date of promotion for completion of 12 years service with consequential benefits of pay fixation, arrears of pay, leave salary arising out of pay fixation and also pension and pensionery benefits on that basis as he had retired on 31-8-1993. 3. The case of the applicant in the O.A in brief was that he passed the qualifying examination for recruitment to TES Group “B” Service in the year, 1973 and he was promoted as Assistant Engineer with effect from 1979. However, the deemed date of promotion was altered to 17-4-1978 on the basis of Review DPC held in 1990-92 and that he was given the Senior Assistant Engineer post only with effect from 1-2-1993 as per Office Order No. CCM/STE-15/1/92-93/84 dated 1-3-1993. The main grievance of the applicant in the O.A. was that he should be given the scale of pay of Senior Assistant Engineer with effect from 16-4-1990 as his deemed date of promotion was fixed as 17-4-1978 or even counting 12 years service from his actual date of promotion he should have been given the scale of pay from 1990-91 instead of in the year 1993. 4. No reply was filed on behalf of the department in the O.A. 5. The Central Administrative Tribunal after going through the material available on record passed the judgment allowing the O.A filed by the applicant. The Tribunal also fixed four months time for compliance of its judgment. 6. For the sake of convenience the parties are referred to herein as arrayed in the O.A. before the Tribunal. 7. Aggrieved against the directions issued by the Central Administrative Tribunal in the O.A., the Telecom Commission, represented by its Chairman filed the present writ petition. The Assistant General Manager(Legal) in the Office of 2nd respondent filed the affidavit in support of the writ petition stating that the applicant in the O.A was recruited as JTO in 1964 recruitment and based on his qualification he was regularly promoted to TES Gr.B against 1979 vacancies and he assumed charge as TES Gr.B officer on 23.9.1980 and as such the officer/applicant completes 12 years of regular service on 22.09.1992. It is also stated that after conducting Departmental Promotion Committee (DPC), the officers were given deemed date of promotion based on the year of vacancies to which they have become eligible as per the revision and in the above process the applicant was given the deemed date of promotion as 17.4.1978 against the original date of promotion which is 29.9.1980, but the applicant claims Sr. Assistant Engineer based on this deemed date of promotion. It is also stated that the department of Telecom introduced the scheme of Senior Assistant Engineer promotion in September 1990 and that when it was originally introduced in 1990, all officers who completed 12 years of regular service as on 1st September of the year under consideration are eligible for promotion. It is also stated that the service rendered as regular AE only will be counted for the purpose of Sr. A.E promotion and as such deemed date of promotion cannot be taken for calculation of 12 years of service. Hence, the petitioner in O.A is not entitled for the benefit from the date of deemed promotion. 8. Heard both sides and perused judgment under challenge. The only point to be considered is that whether the 1st respondent herein (applicant in O.A.) is entitled for the benefit from the deemed date of promotion or not. The Tribunal has observed that the applicant had completed 12 years of service on 16-4-1990 as his deemed date of promotion was 17-4-1978 and that the scheme of granting the scale of pay of Senior Assistant Engineer is to be implemented with effect from 27.9.1990 and that the applicant by 27-9-1990 had completed 12 years of service and thus he is eligible to get the scale of pay of Senior Assistant Engineer from the date of introduction of that Scheme i.e., with effect from 27-9- 1990. It was further observed by the Tribunal that the applicant therein filed the O.A., immediately after he was given promotion in the year 1993 and as such he is entitled to full arrears of pay and allowances in the pay scale of Senior Assistant Engineer from 27.9.1990 and that since the applicant had retired on 31.8.1993 his pension should be fixed on the basis of the above pay drawn by him as Senior Assistant Engineer on the basis of his fixation of pay in the pay scale of Senior Assistant Engineer with effect from 27-9-1990. As seen from the record It is also stated by the department that after conducting Departmental Promotion Committee (DPC), the officers were given deemed date of promotion based on the year of vacancies to which they have become eligible as per the revision and in the above process the applicant was given the deemed date of promotion as 17.4.1978. It is to be observed that the 12 years period will be completed by 1990, in which year the scheme was introduced. Therefore, we do not find any valid grounds to interfere with the judgment under challenge. 9. In the particular circumstances of the case, the judgment of the Central Administrative Tribunal, Hyderabad is confirmed and accordingly the writ petition is dismissed. _____________________ T. MEENA KUMARI, J __________________ G CHANDRAIAH J Dt. 14.11.2007 kvrk THE HON’BLE SMT JUSTICE T. MEENA KUMARI And THE HON’BLE SRI JUSTICE G CHANDRAIAH Writ Petition No. 30837 of 1998 14th November 2007