THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No :26684 of 2001 ORAL ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The petitioner filed the present writ petition assailing the order passed in O.A. No. 597 of 2000, dated 6.9.2001 of the Central Administrative Tribunal, Hyderabad. The facts in brief are that while the petitioner was working as Extra- departmental Delivery Agent Packer at Lalkota Sub-Post Office, Mahaboobnagar division, options were called for by the respondents from the personnel who were willing to join the Army Postal service in the cadre of Group ‘D’ on deputation. Pursuant to which, the petitioner applied for the same. As he was found to be medically fit for enrolment in A.P.S. in the cadre of Group – D on deputation, he was accordingly deputed vide proceedings dated 10.5.1991 to A.P.S. While so, when petitioner applied for the L.G.O.’s examination, the respondent-authorities did not allow him to appear for the said examination on the ground that he was not a Group-D employee. Aggrieved by the same, the petitioner filed O.A No. 597 of 2000,which is impugned in this writ petition before the Tribunal. It is stated that initially an interim direction was granted in the said O.A., directing the respondents to allow the petitioner to appear for the said examination. While opposing the O.A., the respondents contended before the Tribunal stating that the said examination was meant only for promotion of Group-D employees to Group-C. Since the petitioner belonged to E.D. cadre, he was not promoted in accordance with recruitment rules to Group-D cadre, but, as he was selected for deputation to A.P.S., technically, he was promoted for a day to Group-D cadre so as to enable the A.P.S. to take him on deputation. Under the circumstances, the appellant was not entitled to appear for the said examination. The Tribunal having heard the learned counsel for the parties and having gone through the material on record, found that the petitioner was not entitled to appear for the L.G.O. examination and so holding, it dismissed the said O.A. Challenging the said order of the Tribunal, the petitioner filed the present writ petition. Learned counsel for the petitioner contended that since the petitioner was promoted to Group –D cadre and was sent to A.P.S. on deputation after giving such promotion, the petitioner had to be treated as Group ‘D’ employee for all practical the purposes and thus he is entitled to appear for L.G.O. examination. A counter affidavit has been filed by the respondents stating that the petitioner was not appointed in the cadre of group –D in civil side, but he was only deputed to A.P.S. as Group –D so as to enable him to go on deputation. It is also stated that there is no E.D. cadre in A.P.S. and to met the requirements of A.P.S., the willing E.D. agents from E.D. cadre were deputed to A.P.S. as Group D and the same does not confer any right on the petitioner for confirmation in civil side. Heard the learned counsel for the petitioner and perused the material on record. There is no dispute about the fact that the petitioner was sent on deputation to A.P.S. Admittedly, in the instant case, the petitioner who was working as E.D.A. has been sent on deputation as Group –D to A.P.S., in order to meet the requirements of the A.P.S. and he was not given a regular promotion to that cadre and as such the petitioner is not entitled to appear for the examination which is meant for promotion to Group-C. Further there is no material on record to show that the petitioner was given a regular promotion to Group ‘D’ cadre, in the absence of which the Tribunal was perfectly justified in dismissing the O.A. In so far as the contention of the petitioner that a regular employee who was appointed in his vacancy has since been promoted to Group –D is concerned, the respondents have very categorically stated before the Tribunal that said employee belonged to S.T. category and as such he was given accelerated promotion in view of the benefit of reservation being extended to the said community. However, the applicant is entitled to be promoted to category ‘C’ as per his divisional seniority in the postal department, as rightly observed by the Tribunal in the impugned order. In the circumstances, we do not find any illegality or irregularity in the order of the Tribunal warranting interference. The writ petition is devoid of merits and it is accordingly dismissed. No costs. ___________________ T.MEENA KUMARI,J Date: 18th August, 2010 ____________________________ GOPALA KRISHNA TAMADA,J pnb