IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD W.P.No.1838 of 2011 Dated: 22-06-2011 Between: Avula Srinivasa Rao ….Petitioner And High Court of Andhra Pradesh and others. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD W.P.No. 1838 of 2011 Dated: 22-06-2011 JUDGMENT: (per the Hon’ble Sri Justice Goda Raghuram) Aggrieved by the action of the respondents, in particular respondent Nos.1 and 2 in not considering his case for promotion as Senior Assistant on par with his juniors, w.e.f. 04.04.2008 and to the further category of Superintendent w.e.f. 18.03.2010 (when his juniors who superseded him in promotion to the category of Senior Assistant were further promoted as Superintendents) is illegal, arbitrary and for a consequent direction for his promotion as Senior Assistant w.e.f. 04.04.2008 and Superintendent w.e.f 18.03.2010, this writ petition is filed. The petitioner entered service in the judicial unit of Guntur District as Field Assistant on 19.01.1976 and was thereafter promoted as Junior Assistant on 19.10.1985. He was eventually promoted as Senior Assistant on 03.03.2009. He claims to have passed the requisite departmental tests and became eligible for promotion as Senior Assistant in May, 2007 itself. Juniors to him in the feeder category of Junior Assistants/typists/stenographers and who were appointed to those categories after his promotion as Junior Assistant were promoted as Senior Assistants through Orders dated 04.04.2008 and 30.04.2008 of the respondent No.2. The petitioner furnishes the names of four persons, who are allegedly his juniors in the feeder category who superseded him for promotion as Senior Assistants. According to the petitioner’s assumption he was not promoted as Senior Assistant on the ground that he did not possess intermediate qualification. A learned Division Bench of this Court by the Judgment dated 17.10.2008 in Writ Petition 11450 of 2005 declared, an interpretation of the provisions of the Andhra Pradesh Judicial Ministerial Service Rules, 2003 (issued in G.O.Ms.No.129, Law department) that a Junior Assistant duly appointed under the 1964 Rules on possessing the qualifications for such appointment under those rules, is not required to acquire the higher qualification (pass in intermediate examination), a qualification prescribed for appointment to the post of Junior Assistant under Andhra Pradesh Judicial Ministerial Service Rules, 2003. This Court further held that for the post of Senior Assistant, no specific qualification of passing intermediate examination is prescribed and that subject to passing of prescribed departmental tests, a Junior Assistant is qualified to be considered for promotion as a Senior Assistant. The learned Division Bench held that insistence on possession of an intermediate qualification for a Junior Assistant validly appointed to the said post prior to the coming into force of the 2003 Rules; for promotion as Senior Assistant after coming into force of 2003 Rules is not warranted by the provisions of the 2003 Rules. Relying on the above judgment of this Court, the petitioner made a representation, which having been considered, the petitioner was eventually promoted as Senior Assistant on 03.03.2009. The current grievance of the petitioner, however, is that his juniors who superseded him in promotion as Senior Assistant were further promoted as Superintendents subsequently and therefore relief is sought in this writ petition for restoration of his seniority in the category of Senior Assistant w.e.f 04.04.2008 and on that basis for review of promotions in the category of Superintendent for his promotion on par with his juniors, in the revised seniority list as Senior Assistants. It requires to be noticed that the petitioner failed to implead any junior, who superseded him in promotion as Senior Assistant and thereafter as Superintendent. A Similar fact situation fell for the consideration of this Court in W.P.No.11450 of 2005, where only a few of the juniors were impleaded and others who superseded the petitioners therein were not so impleaded. In the circumstances, this Court moulded the relief and directed the respondents to consider the cases of the petitioners therein for appointment as Senior Assistants with effect from the dates on which their juniors in the category of LDCs were so promoted without any entitlement to the petitioners therein for seniority or monetary benefits (if considered for such promotion from an anterior date) and that the petitioners therein shall however be entitled to monetary benefits prospectively from the date of orders of appointment/promotion that are given to them to the category of Senior Assistant. The Court further observed that the 3rd petitioner therein (K.Raghava Rao) had retired from service and who being entitled for promotion as per the directions in the Judgment, was also entitled to re-fixation and grant of terminal benefits in that post. It is represented by the learned counsel for the petitioner that the petitioner herein has since retired from service, with effect from 31.01.2011. Admittedly, he was promoted as Senior Assistant on 03.03.2009. It is neither pleaded nor established that reckoning his seniority in the category of Senior Assistant with effect from 03.03.2009, he would be eligible for further promotion as Superintendent on that basis. There is no grievance as to the petitioner being paid salary and emoluments in the category of Senior Assistant with effect from 03.03.2009, the date on which he was so promoted/appointed. In the circumstances, the petitioner would be entitled to reckon his pension and other benefits only on the basis of the last pay drawn in the category of Senior Assistant but would not be entitled to any other benefits as sought in this writ petition since substantive relief sought in the writ petition is declined for the reasons recorded above. The Writ Petition is dismissed. There shall be no Order as to costs. _____________________________ JUSTICE GODA RAGHURAM _____________________________ JUSTICE P. DURGA PRASAD Dated:22-06-2011 Ksp