THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.26515 OF 2011 23.09.2011 Between: The Executive Engineer, Division No.4, Karimnagar District, And another. …. Petitioners AND Bandi Kumar and another. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.26515 OF 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The first respondent herein filed original application under Section 19 of the Administrative Tribunals Act, being O.A.No.2775 of 2008. Therein, he assailed Memo dated 01.11.2006 issued by the second petitioner herein (hereafter called, the second respondent), whereby and whereunder the applicant was informed that he is not eligible for appointment of Special Promotion Post-I in the cadre of Cook Grade-I on completion of sixteen years of service. The learned Tribunal allowed original application on 02.02.2011 directing the respondents (petitioners herein) to accord Special Promotion Post Cook Grade-I with effect from 07.08.2006. Aggrieved by which, the respondents filed the present writ petition. The applicant is a cook in LMD Rest House. He was upgraded as cook Grade-I in August, 1990. By proceedings, dated 07.08.1998 he was given eight years Special Increment in the category of Cook. After completing sixteen years of service in the same category, he applied for Special Promotion Post as Cook Grade-I which was denied to him. The first respondent, Executive Engineer filed the counter before the Tribunal. He submitted that the applicant does not possess the requisite qualification of SSC for the post of Caretaker (Special Promotion Post) and hence he was not given Special Promotion Post Grade-I Scale on completion of sixteen years. The Tribunal considered the tenure issue in the light of Para 3(a)(i) of G.O. (P) No.241, dated 28.09.2005 and came to the conclusion that the question of possessing requisite qualification does not arise for according Special Promotion Post Scale-I after completion of sixteen years. The Government Pleader for Services–II submits that as per the Government Order in G.O.Ms.No.107, dated 07.02.1974 and G.O.Ms.No.241, dated 28.09.2005 unless and until a person has requisite qualifications to higher post, he cannot be granted the said promotion post after completion of eight/sixteen years, as the case may be. The submission made by the Government Pleader is wholly unsustainable. The Government of Andhra Pradesh issued orders in G.O.Ms.No.107, dated 07.02.1974 fixing the scales of pay of work charged establishments in all branches of public works department. The applicant was appointed as cook in terms of clause 2(c) thereof. There are no promotional channels contemplated by relevant service rules. The Government issued G.O.Ms.No.241, dated 28.09.2005 reiterating the policy of awarding automatic advancement grades for every eight/sixteen years of service. The very purpose is to give the scale of higher post even though the employee is working in the lower post keeping in view that such employee stagnated in the lower post without any promotional opportunities. Para 3(a)(iii) of G.O.Ms.No.241 is to the effect that an employee after completion of sixteen years of service which counts for increment shall be eligible to be placed in the scale of the post next above the post held by him which happens to be the promotion post under the relevant rules. When an employee is not de facto promoted to the higher post and only given the benefit of scale attached to the higher post, the question of such employee having requisite qualification does not arise. Further, admittedly the applicant was already given Special Scale after completion of eight years in the cadre of Cook Grade-II and was promoted as Cook Grade-I. The objection raised by the respondents does not merit any consideration. The writ petition is misconceived and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 23.09.2011 Pln