IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE GHULAM MOHAMMED and THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.21092 of 1999 Between: N.S.V.Ramakrishna Sarma son of late Dr. Chandra Sekhar Rao 4-6-67/2 Vijayapuri colony Lingojiguda, N.s.Highway, Hyderabad-35 ..... PETITIONER AND 1 Secretary, Ministry of Communications, Dept of posts Union of India, New Delhi -110 001 2 Chief Post Master General , AP.Circle Dak Sadan Hyderabad-500 001 3 Registar, Central Administrative Tribunal HACA Bhavan , First Floor Hyderabad-500 004 ....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 set aside the order of the CAT Hyderabad in O.A.No.1481/97 dated 15/04/99 and R.A.No.35/99 dated 4/08/99, and consequently dire the Respondent No. 1 and 2 herein, to promote the petitioner herein, by issuing an appropriate writ either of Mandamus or Certiorari, more particulary one in the nature of Mandamus. Counsel for the Petitioner: Mr.B.S.A.SATYANARAYANA Counsel for the Respondents: Mr.M.RATNA REDDY The Court made the following : ORAL ORDER: (per GHULAM MOHAMMED,J) This Writ Petition is filed seeking to quash the Orders passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No.1481 of 1997, dated 15-4-1999 and R.A.No.35 of 1999, dated 4-8-1999 and consequently direct respondents 1 and 2 to promote the petitioner to JTS Group-A. According to the petitioner, he belongs to 1985 batch of Postal Superintendents Services Group-B Officers, which is an All India service. He was initially posted to Bihar Circle and subsequently transferred to Andhra Pradesh Circle. He was promoted and posted to Group A service with effect from 1-8-1993 and retired from service on attaining the age of superannuation on 31-12-1994. In the O.A., the petitioner claimed notional ad hoc promotion under ‘Next Below Rule’ with reference to one R.K.Prasad of Bihar Circle, who is stated to be his junior. He made a representation on 27-6-1996 seeking officiating/temporary promotion to JTS Group-A; but, the same was rejected on 2-9-1996. Challenging the same, he filed O.A.No.1481 of 1997, which was dismissed on 15-4-1999. Thereafter, petitioner filed Review Application No.35 of 1999, but the same was also dismissed on 4-8-1999 holding that there is no error apparent on the face of record to review the Judgment delivered on 15-4-1999 in O.A.No.1481 of 1997. Challenging the same, the present Writ Petition is filed. Heard both sides. The petitioner seeks promotion under the ‘Next Below Rule’ from 22-10-1991 to 1-8-1993 with all consequential benefits. The Tribunal has considered the matter elaborately and while relying upon the judgments of the Apex Court in UNION OF INDIA v. R. SWAMINATHAN[1] and UNION OF INDIA v. M. SURYANRAYANA RAO[2] held that ad hoc promotion of a junior in a different circle will not entitle a senior in the other circle to get ad hoc promotion from the date his junior in the other circle was promoted on ad hoc basis and consequently stepping up of pay and thus dismissed the O.A. The review petition filed by the petitioner was also dealt with by the Tribunal elaborately and dismissed the same holding that there is no error apparent on the face of record to review the judgment in the O.A. In the said decisions, the Apex Court held that stepping of pay to a senior is not permissible, if ad hoc promotions are given in different circles. Following the said ratio, the Tribunal rightly rejected the case of the petitioner for notional ad hoc promotion. There is no infirmity, legal or otherwise, in the Orders passed by the Tribunal. We do not find any merit in the Writ Petition. The Writ Petition is, therefore, dismissed. No order as to costs. _______________________ (GHULAM MOHAMMED,J) June 16, 2008 ____________ (C.V. RAMULU,J) prk [1] 1997 SCC (L&S) 1852 [2] 1998 SCC (L&S) 1509