THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT PETITION No. 15715 of 2010 Dated: 27-10-2011 Between The District Collector (SW), Kadapa, Kadapa District and others ...Petitioners And M.Ramaiah and another …Respondents Oral Order: (Per Hon’ble Sri Justice Goda Raghuram) This misconceived writ petition is directed against the order dated 23-4-2009 passed by the learned A.P. Administrative Tribunal, Hyderabad in O.A.No. 9441 of 2008, allowing the O.A and directing the writ petitioners to promote the applicant/1st respondent herein as Hostel Welfare Officer, Grade-I from the date of his passing departmental test i.e., 9-2-2008 in terms of the Ruling under FR 26(a) (2) giving seniority from that date as also consequential benefits and to release the salary of the applicant from 14-12-2008, within the time stipulated. The applicant belongs to a Scheduled Tribe Community and was initially appointed as Warden Grade II on 30-1-1986. Consequent on the introduction of Article 16 (4A) of the Constitution, the State Government issued a facilitative G.O.Ms.No. 5, dated 14-2-2003 providing for reservations in promotions and also issued guidelines therefor in G.O.Ms.No. 2, dated 9-1-2004. Accordingly roster point No.8 is earmarked the category ST (Woman) and roster point No. 25 for ST (General). The applicant being a male and being the senior most of the ST candidates in the category of Warden Grade-II would thus be entitled to be considered for the next higher post of Hostel Welfare Officer Grade-I at roster point No. 25. Another lady also belongs to the Scheduled Tribe by name Smt Chintamani, who on account of the gender was considered and appointed as Hostel Welfare Officer Grade-I at roster point No.8. There is no disputation on this aspect. The applicant was promoted as Hostel Welfare Officer Grade-I on 6-9-2005. On the date of the applicant’s appointment as such i.e., in September, 2005, neither the applicant nor Smt Chintamani were qualified for being promoted as Hostel Welfare Officer Grade-I, since they did not pass the prescribed departmental test. While Smt Chintamani passed the departmental test in 2006, the applicant appeared for the Revenue Test Part-I on 9-2-2008, the result of which was published on 14-12-2008. The short question is whether the applicant is entitled to be considered and appointed on promotion as Hostel Welfare Officer Grade-I with effect from 9-2-2008 or 14-12-2008? The applicant was appointed as Hostel Welfare Officer Grade-I temporarily on 6-9-2005, the writ petitioners issued proceedings dated 14-11-2008 cancelling the promotion of the applicant and directing recovery of pay and allowances drawn by him in the post of Hostel Welfare Officer Grade-I from the date of his joining in the post as Hostel Welfare Officer Grade-I till the date of his reversion. In the admitted factual scenario a vacancy in the category of Hostel Welfare Officer Grade-I was available as on 9-2-2008, the date with effect from which the applicant is entitled for regular appointment as Hostel Welfare Officer Grade-I in terms of the Ruling under FR 26 (a) (2) (being the date on which the Revenue Test Part-I was conducted and at which the applicant appeared and subsequently passed). In the above circumstances, the learned Tribunal held that the order directing cancellation of the applicant’s appointment as Hostel Welfare Officer Grade-I is sustainable. With regard to recovery of salary, the Tribunal rightly concluded that since the applicant was promoted temporarily as Hostel Welfare Officer Grade-I, not on account of any misrepresentation on his part but in the exigency of administration, though not qualified, no case is made out for recovery of salaries paid. This Court discerns no error either in the application of law or in the exercise of discretion by the learned A.P. Administrative Tribunal, warranting interference under Article 226 of the Constitution. This writ petition is without merits and is accordingly dismissed. There shall be no order as to costs. __________________________ GODA RAGHURAM, J 27th October, 2011 ________________________________ G.KRISHNA MOHAN REDDY, J GRR