IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12739 of 2008 Between: S. Naasar Mohammed S/o. Behari R/o. B1/17, Near Ramalayam, Sri Sailam Project, Kurnool District. ..... PETITIONER AND 1 The Project Officer, ITDA & District Secretary, Gurukulam, Sri Sailam, Kurnool District. 2 The Principal AP Tribal Welfare Residential Junior College/ School of Excellence, Sri Sailam, Kurnool District. 3 The Member Secretary, Gurukulam, 2nd Floor, D.S.S. Bhawan, Masab Tank, 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order or direction declaring the impugned Rc.No.A1/704/07 dated 21.11.2007 passed by the respondent No.1 is arbitrary, illegal, null and void and also violative of principles of natural justice and also violative of Articles 14, 16 and 21 of the constitution of India. Consequently direct the respondents to implement there own orders No. RcNo.A1/704/07 dated 19.11.2007 with all consequential benefits by considering the representation submitted by the petitioner dated 10.05.2008 and to pass Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12739 of 2008 ORDER: The petitioner was appointed as a Junior Assistant/Typist by the Project Officer, ITDA, Kurnool on 22.04.1997. He was promoted as Senior Assistant, through order, dated 19.11.2007. Hardly before he took charge, the 1st respondent issued an order, dated 21.11.2007, cancelling the promotion of the petitioner. The same is challenged in this writ petition. The petitioner contends that he was not issued any show cause notice, before the order of promotion was cancelled, and that the action of the respondents cannot be sustained in law. Heard Sri K.Venu Madhav, learned counsel for the petitioner and the learned Government Pleader for Social Welfare. Had it been a case of reversion of the petitioner from the post of Senior Assistant to Junior Assistant or cancellation of promotion, on any disciplinary grounds, any step could have been taken, only after issuing notice to the petitioner, indicating the reasons. A perusal of the impugned order itself discloses that it is not at all by way of any punishment. Up to 09.08.2007, the post of Senior Assistant used to be in the District cadre. Through its resolution, dated 09.08.2007, the Board of Governors of ITDA had made it a Zonal cadre post. With this change, a necessity arises for preparation of seniority list of Junior Assistants/Typists within the zone. Not being aware of this development, the 1st respondent promoted the petitioner as Senior Assistant on 19.11.2007. Since it was realized that promotion to the post of Senior Assistant must be effected by considering the cases of the Junior Assistants in the Zone, corrective steps were taken. It cannot be said that any legal right had accrued to the petitioner on the basis of the order, dated 19.11.2007, particularly when it was ex facie illegal. Therefore, no exception can be taken to the impugned order. At the same time, the case of the petitioner deserves to be considered along with the other eligible candidates within the Zone, for promotion to the post of Senior Assistant. Hence, the writ petition is dismissed, upholding the impugned order, dated 21.11.2007, but directing that the case of the petitioner shall be considered for promotion to the post of Senior Assistant along with other eligible candidates within the zone. There shall be no order as to costs. _________ 10.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12739 of 2008 Date: 10.07.2008 JSU