IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 10154 of 1999 Between: 1 Director of Sericulture Prashashan Nagar Road NO.72, Near Water Tank Jubilee Hills, Hyderabad 2 The Assistant Director of Sericulture Elakaturthy Karimnagar Dist ..... PETITIONERS AND 1 Hasan Ali Asst. Inspector O/o.Assistant Director of Sericulture Elakaturthy, Karimnagar Dist 2 The Registrar of A.P. Administrative Tribunal Purani Haveli, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction or writ more particularly a writ of mandamus to declare the order passed by the Hon'ble A.P.Administrative Tribunal, Hyderabad in OA.No.2237/98, Dt.1/9/98 as illegal and set aside the same and pass such other order. Counsel for the Petitioners: GP FOR Services-I Counsel for the Respondent No.1: MR.CH.GANESH (Not present) The Court made the following : ORDER : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:10154 of 1999 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 1-9-1998 passed in OA No.2237 of 1998 by the AP Administrative Tribunal, Hyderabad, as being illegal and consequently set aside the same. 2. The respondents in the OA are the petitioners herein and the 1st respondent herein is the applicant. The applicant filed the said OA to declare the action of the respondents (petitioners herein) for not obeying the orders of the Government issued in GO Ms.No.475, dated 20-9-1994 and in not releasing the annual grade increments due to the applicant since 1991 as illegal, unconstitutional and against the principles of natural justice and consequently direct the respondents (petitioners herein) to release the annual grade increments with 10% interest due to the applicant since 1991. 3. The grievance of the applicant-respondent herein was that one Ch.Ramachandran, Assistant Inspector of Sericulture who was promoted along with the applicant on 18-7-1990 was granted annual grade increment in terms of GO Ms.No.475, dated 20-9-1994, which exempts the employees from passing the departmental test for the purpose of promotion to the next higher category post when once they complete 45 years of age. It is stated that as the petitioner also completed 45 years of age, he made several representations to consider his case in terms of GO Ms.No.475, dated 20-9-1994, but to no avail, and therefore, he filed the OA. The Tribunal by the impugned order allowed the OA. Hence, this writ petition by the respondents in the OA. 4. Heard the learned Government Pleader for Services- I. Learned counsel for the 1st respondent-applicant is absent though the matter was earlier adjourned on three occasions to enable him to argue. Perused the impugned order passed by the Tribunal and the material available on record . 5. Learned Government Pleader for Services-I representing the petitioners-authorities submitted that the applicant was promoted as Assistant Inspector of Sericulture vide proceedings dated 18-7-1990 issued by the Director of Sericulture with a condition to pass the accounts test for subordinate officers part-I, prescribed in GO Ms.No.578, dated 12-5-1961 and even as per the rules prescribed in GO Ms.No.4, dated 13-11-1990 and also the amended rules issued in GO Ms.No.13 Housing (Sericulture) Department, dated 28-1- 1991, the pre-requisite qualifications for promotion as Assistant Inspector of Sericulture, is a must to pass sericulture department test part-I and, therefore, the Tribunal ought to have allowed the OA only on the ground that the applicant has completed 45 years of age without reference to other conditions. 6. A perusal of the material placed on record it is clear that the Government in GO Ms.No.165, dated 22-4-1997 granted exemption to pass departmental tests for the purpose of promotion to the next higher category post who have crossed 45 years of age. But this position was clarified by the Government vide circular Memo.No.10922/Services-C/98, dated 25-3-1998 to the effect that the said exemption is not available from passing the departmental test by probationer. In view of the this clarification given by the Government, in the above said memo dated 25-3-1998, the applicant has to pass the departmental test during his probation period as prescribed under the rules in GO Ms.No.4, dated 13-11-1990. 7. In that view of the matter the impugned order passed by the Tribunal in OA No.2237 of 1998 is hereby set aside and the writ petition is allowed. No order as to costs. _____________________ Ghulam Mohammed, J ___________________ Sanjay Kumar, J Dated : 2-2-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{LOBIS}