IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11877 of 2007 Between: K.Siva Rama Krishna S/o.late Nagalingam Senior Civil Judge's Court, Kandukur, R/o. Kandukur, Prakasam district. ..... PETITIONER AND 1 High Court of Andhra Pradesh, rep. by its Registrar (Management), High Court Buildings, Hyderabad. 2 The District & Sessions Judge, Prakasam District at Ongole. 3 N.Singaiah II Addl. Munsif Magistrate Court, Markapuram, Prakasam District. .....RESPONDENTS 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 issue writ order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Superintendent despite having requisite qualifications and promoting the 3rd respondent who is far junior than the petitioner as illegal, arbitrary, improper and against to the principles of natural justice and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Superintendent on par with the juniors with all consequential service benefits, and to grant such other relief or reliefs. Counsel for the Petitioner:MR.MANMADHA RAO KUMBHAJADALA Counsel for the Respondents: (SC FOR APHC),P.V.SANJAY KUMAR The Court made the following order: THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.11877 of 2007 ORDER: (Per VVSRJ) The petitioner is working as Senior Assistant in the Court of Senior Civil Judge, Kandukur. Be it noted the post of Senior Assistant is Category III post and a feeder post to Category II post, namely, Superintendent. Be that as it is when the petitioner was working as Lower Divisional Clerk (LDC) in the Court of the Principal Junior Civil Judge, Kandukur, disciplinary action was initiated against him. By proceedings dated 05/06.08.2005, second respondent, namely, the District and Sessions Judge, Prakasam District, Ongole, imposed punishment of withholding one increment for one year without cumulative effect. Feeling aggrieved by the same, the petitioner preferred an appeal before the High Court unsuccessfully. His appeal was dismissed by proceedings of the High Court dated 19.09.2006. In the meanwhile, third respondent was promoted as Superintendent and the petitioner was not even called for interview. The petitioner, who is statedly qualified for the said post, therefore, filed instant writ petition seeking a direction to second respondent to consider his case for promotion to the post of Superintendent and also to declare the promotion of third respondent as illegal and arbitrary. This Court admitted the writ petition on 15.06.2007. A counter-affidavit is filed by second respondent raising various objections to the writ petition. It is, however, not necessary for this Court to go into these objections for the reason mentioned below. Rule 12 of the Andhra Pradesh Judicial Ministerial Service Rules, 2003, provides for an alternative remedy of a revision by an aggrieved employee in the matter of promotion to a selection post. The petitioner, though availed remedy of appeal against the proceedings of second respondent imposing punishment, he did not approach the High Court for redressal of his grievance to the matter of promotion of third respondent to the post of Superintendent. He is given liberty to do so now. The petitioner suffered punishment of withholding of one increment for one year without cumulative effect during the year 2005- 2006 and if that be so, on condition of satisfying criterion, his case may be considered for promotion in future, whether or not he prefers revision to the High Court against the orders of second respondent promoting third respondent as Superintendent. The writ petition, with the above observations, is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 30th April, 2008 _______________ (C.V. RAMULU, J) GHN To 1 High Court of Andhra Pradesh, rep. by its Registrar (Management), High Court Buildings, Hyderabad. 2 The District & Sessions Judge, Prakasam District at Ongole. 3 N.Singaiah II Addl. Munsif Magistrate Court, Markapuram, Prakasam District. 4. Two CD copies. Form-NIC-OGS/WP{KURR}