HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. BHAVANI PRASAD WRIT PETITION NO. 5050 OF 2010 Between: R. Malleswar Rao S/o Nagaiah ..... PETITIONER AND Union of India represented by its General Managr and five others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Mandamus declaring the action of the respondents in denying proforma promotion to the post of Office Superintendent Grade-I on par with his juniors which is confirmed by Central Administrative Tribunal vide judgment dated 18.9.2009 in O.A.No. 453 of 2008 as illegal and consequently direct the respondents to pay all monetary and consequential benefits by giving proforma promotion to the post of Office Superintendent Grade I with effect from 3.11.2005. Brief facts of the case are that the petitioner-applicant was appointed as RPF constable on 23.8.1968 and he was promoted as Sub-Inspector on 23.1.1995. The petitioner-applicant was medically de-categorized by the medical authorities vide certificate dated 15/24.7.2003. Therefore, the 5th respondent placed the petitioner-applicant on supernumerary post vide proceedings dated 01.8.2003. Since the petitioner applicant was not absorbed in alternative post he submitted representation dated 24.9.2004 to the second respondent requesting for his absorption and the first respondent vide proceedings dated 1.7.2005 absorbed the petitioner-applicant in alternative post of Office Superintendent Grade II in Guntur Division. In pursuance of the said order the 4th respondent conducted screening test for absorption vide proceedings dated 4.10.2005 and the petitioner-applicant on his absorption in the post of OS Grade II joined on 1.11.2005. It is stated that the petitioner-applicant submitted a representation dated 19.9.2006 to the 4th respondent requesting him to promote him to the post of Office Superintendent Grade I as his junior in the parent department has already been promoted to the post of Office Superintendent Grade I and he was deprived of his promotion due to administrative error. In the representation it is also mentioned about the promotion of one Sri MSR Murthy as Office Superintendent Grade I vide proceedings dated 10.11.2006 and requested to consider his case for promotion in preference to Shri M.S.R.Murthy. It is also stated that he was denied promotion to the post of O.S. Grade I due to delay in absorbing him in the Grade II due to administrative fault and requested for proforma promotion to the post of O.S. Grade I and the 4th respondent rejected the request of the applicant vide proceedings dated 2.5.2007. Questioning the same, the petitioner-applicant filed O.A and the Tribunal considering the material made available on record dismissed the O.A. Aggrieved by the same, the present Writ Petition has been filed by the petitioner. The learned counsel appearing for the petitioner contended that the petitioner has been medically de-categorized and by virtue of which, the authority has to consider his case for promotion on par with Sri M.S.R. Murthy. He also contended that because of administrative lapses on the part of the respondents, the petitioner cannot be suffered with, therefore, the order passed by the Tribunal is liable to be set aside. On the other hand Smt. Pushpender Kaur, learned counsel appearing for the respondents submits that the order passed by the Tribunal needs no interference by this Court under Article 226 of the Constitution of India and the Writ Petition is liable to be dismissed. We have heard the learned counsel appearing for the petitioner and also Smt. Pushpender Kaur, learned counsel appearing for the respondents and perused the material made available on record. As seen from the facts of the case, it is no doubt true that the petitioner was working as Sub-Inspector of Protection Force in Railway Protection Force Department of Vijayawada Division and when he was medically de-categorized, the medical authorities found him fit in “Cey-One’ category vide certificate dated 15/24.07.2003. It is also no doubt true that the petitioner himself requested for medical re-examination and upon which he was re-examined by medical authorities and thereafter was found fit in category ‘Cey-One’, therefore, he cannot now say that he was denied absorption in the post of Superintendent wantonly. It is on record that the petitioner on medical de-categorization was adjusted against supernumerary post. Therefore, we see no reasons to interfere with the order passed by the Tribunal and the Tribunal rightly dismissed the O.A. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _______________________ G. BHAVANI PRASAD ,J DATE: 05.03.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.