THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.22829 of 2010 ORDER: The petitioner was appointed as a Sub-Engineer in the A.P. Power Generation Corporation Limited in the year 2001. Later on, he was promoted as Additional Assistant Engineer (A.A.E.) on 20.04.2010 in the scale of Rs.22160-34440. Respondents 3 and 4 were juniors to the petitioner in the post of Sub-Engineer. However, they came to be promoted as A.A.Es. on 09.01.2008, much before the promotion of the petitioner. The petitioner states that respondents 3 and 4 are drawing higher scale of pay and respondents 1 and 2 have not taken steps to correct the anomaly as provided for under B.P.Ms.No.197, dated 09.07.1992. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 and 2. It is matter of record that respondents 3 and 4, who were juniors to the petitioner in the post of Sub- Engineer, were promoted to the next higher post earlier to the petitioner. The reason on account of which the petitioner was overlooked are not relevant for the purpose of this case. The fact remains that the petitioner got his promotion about two years subsequent to the promotion of respondents 3 and 4. It is but natural that the salary of respondents 3 and 4 would be higher on account of their being seniors by two years. The petitioner places reliance upon B.P.Ms.No.197, dated 09.07.1992 in support of his contention that he is entitled to draw the same salary as is being drawn by respondents 3 and 4. The provision reads as under: “in order to remove the pay anomaly of a Board servant promoted or appointed to a higher post on or after the date of instruction of new regulations, namely 19th November, 1984 and drawing a lower rte of pay in that post than another Board savant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the APSEB has decided that in such cases, the pay of the senior Board servant should be stepped up in the higher post to a figure equal to the pay fixed for the junior Board servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior and shall be subject to the conditions mentioned in instruction (ii) below” A close perusal of this provision would reveal that the case of the petitioner is not covered by it. To attract this provision, the junior of a servant in a lower grade must have been promoted or appointed “subsequently to another identical post”. The provision covers such cases, where the senior in a lower category got promotion without any hindrance and a junior in turn got promoted to a different post carrying higher scale of pay. Such is not the case here. The petitioner was overlooked for promotion and respondents 3 and 4 got promoted two years earlier to the petitioner, who was senior to them in lower category. The writ petition is accordingly dismissed. There shall be no order as to costs. __________ 14.09.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.22829 of 2010 Date: 14.09.2010 JSU