IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.24841 of 1998 Between: P.Krishnamurthy, S/o P.Ramulu, 34 years, Assistant Engineer, Office of the Deputy Executive Engineer, Social Welfare, Medak, Medak district. .... PETITIONER AND 1. The Managing Director, A.P.Scheduled Castes Co-operative Finance Corporation Limited, Telugu Samkshema Bhavan, Masab Tank, Hyderabad. 2. The District Collector/Chairman, Scheduled Caste Service Cooperative Society Limited, Sangareddy, Medak district. 3. The Executive Engineer, Scheduled Caste Service Cooperative Society Limited, Sangareddy, Medak district. 4. M.Madhusudhan, father’s name & age not known, Assistant Engineer, C/o the Executive Engineer, Scheduled Caste Service Cooperative Society Limited, Sangareddy, Medak district. 5. G.Sudershan, father’s name & age not known, Assistant Engineer, C/o the Executive Engineer, Scheduled Caste Service Cooperative Society Limited, Sangareddy, Medak district. .....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 a writ, order or direction more in the nature of Writ of Mandamus declaring that the petitioner is entitled for promotion as Assistant Engineer with effect from 20-4- 1990 on which date juniors to the petitioners joined as Assistant Executive Engineers by holding the action of respondents 1 to 3 in not considering his genuine claim for promotion as Asst.Engineer from the date on which his juniors joined as Asst.Engineers and not disposing of his objections dt.9-7-1996 submitted to the tentative seniority list of Asst.Engineers communicated in Circular Lr.No.E2/643/APSC/96, dt.6-6-1996 by the 2nd respondent as illegal, arbitrary, discriminatory and subversive of Articles 14 and 16 of the Constitution of India. Counsel for Petitioner : Mr. Ch.JAGANNADHA RAO Counsel for Respondents 1 to 3: Mr. M.V.S. Suresh Kumar Counsel for Respondents 4 and 5 : None appears The Court made the following : JUDGMENT The case of the petitioner is that on certain allegations, his services were terminated by an Order dated 3-3-1987 of the 2nd respondent. However, on a representation made by him, he was allowed to continue in service with effect from 13-3-1987, but the gap period of 10 days between 3-3-1987 and 12-3-1987 was not regularized. While so, after completion of enquiry, he was imposed with a punishment of stoppage of one increment with cumulative effect for the misconduct proved against him by Proceedings dated 11-8-1987 of the 1st respondent. The said ten days gap of service from 3-3-1987 to 12-3-1987 was regularized by Proceedings dated 5-7-1990 of the 3rd respondent. However, in the meanwhile, his juniors – respondents 4 and 5 – were promoted to the post of Assistant Engineer with effect from 18-4-1990 and thereafter he was promoted to the post of Assistant Engineer with effect from 17-3- 1991. Now, the only grievance of the petitioner is that as on the date of promotion of his juniors - respondents 4 and 5 – on 18-4-1990 he was also entitled for being promoted to the post of Assistant Engineer, but for regularization of his services for the above gap period of ten days on 5-7-1990. In this regard, earlier, he filed W.P.No.2165 of 1990, which was disposed of on 18-9-1996 with a direction to respondents 1 to 3 herein to consider the case of the petitioner as per the Rules and Regulations, duly taking into consideration the promotions of other employees to the post of Assistant Engineer effected on 18-4-1990. Though notice is served, none appears for respondents 4 and 5 and no counter affidavit is filed. Heard the learned counsel for petitioner and the learned standing counsel for respondents 1 to 3 and perused the entire material on record. The punishment of stoppage of one increment with cumulative effect imposed on the petitioner by Proceedings dated 11-8-1987 of the 1st respondent was effective only for one year i.e. upto 10-8-1988 for the purpose of considering his case for promotion etc. But, since the gap period of ten days from 3-3-1987 to 12-3-1987 was not regularized by 18-4-1990, his case was not considered for promotion along with his juniors i.e. respondents 4 and 5. However, the said gap period was condoned and his services were regularized by an Order dated 5-7-1990 of the 3rd respondent. Therefore, he was promoted as Assistant Engineer thereafter on 17-3-1991. In the circumstances, I am of the considered opinion that since the gap period of ten days from 3-3-1987 to 12-3-1987 was regularized by an Order dated 5-7-1990 of the 3rd respondent, the petitioner was also entitled for being considered for promotion to the post of Assistant Engineer on par with his juniors – respondents 4 and 5 – with effect from 18-4-1990, though he was promoted with effect from 17-3- 1991. In view of the above, the respondents 1 to 3 are directed to consider the case of the petitioner for promotion as Assistant Engineer on par with his juniors- respondents 4 and 5 – from 18-4-1990 and reckon his seniority in that cadre from the said date. With the above direction, the Writ Petition is disposed of. No order as to costs. August 4, 2004 Prk Office to furnish CC in one week. (B.O.) ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Managing Director, A.P.Scheduled Castes Co-operative Finance Corporation Limited, Telugu Samkshema Bhavan, Masab Tank, Hyderabad. 2. The District Collector/Chairman, Scheduled Caste Service Cooperative Society Limited, Sangareddy, Medak district. 3. The Executive Engineer, Scheduled Caste Service Cooperative Society Limited, Sangareddy, Medak district. 4.2CD copies