THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.36484 of 1998 Dated 04-02-2008 Between: A.Krishna Murthy. ..... PETITIONER AND The APSEB rep. By its Member Secretary, Vidyuth Soudha, Hyderabad & others. .....RESPONDENTS THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.36484 of 1998 O R D E R: The relief sought for in this writ petition is for a direction to the respondents to consider the case of the petitioner for promotion to the post of Lineman with effect from July, 1998, when his juniors were promoted, and to grant him three increments in the maximum scale in the post of Assistant Lineman. Facts, in brief, are that the petitioner was appointed as a Helper in 1972. He was promoted as Assistant Wireman in 1981 and as a Lineman in 1983. For certain acts of misconduct, disciplinary proceedings were instituted which, eventually culminated in imposition of the punishment of reversion to the post of Assistant Lineman, vide order dated 23-10-1992. Petitioner would contend that, in accordance with B.P.Rt.No.237, dated 10-11-1997, he was eligible for promotion to the post of Lineman three years after imposition of punishment and that, in any event, since persons, who were juniors to the petitioner, were promoted as Linemen, vide proceedings dated 27-03-1998, he should have been considered for promotion to the post of Lineman from the said date. In the counter affidavit filed on behalf of the respondents, it is stated that B.P.Rt.No.237, dated 10-11-1997, has no application to the case of the petitioner since he was reverted permanently to the cadre of Assistant Lineman and in view of the punishment awarded, his case was not considered. Pursuant to the interim order of this Court, directing the respondents to consider the case of the petitioner for promotion, the respondents considered his case and he was promoted as Lineman with effect from 02-03-2000 and subsequently, he retired from service on attaining the age of superannuation on 30-06-2000. The short question for consideration is whether the petitioner is entitled to be considered for promotion from 27-03-1998 as against his actual promotion on 02-03-2000. B.P.Rt.No.237, dated 10-11-1997 reads thus: “In B.P.Ms.No.181, dated 06-07-1992, Reg.3(c)(iii) of A.P.S.E.B. Service Regulations Part III has been amended empowering the DPC to consider the cases for promotion only where major punishment (other than dismissal, removal or compulsory retirement) is awarded after 3 years from the date of awarding the punishment is over whichever is earlier. 2. It has been represented by various employees union to extend the above benefit to employees covered in similar cases working in O& M/Constn. Estt. 3. After careful consideration all appointing authorities in respect of O& M/Constn. Employees are hereby authorities to consider the cases of O& M/Constn. Employees for promotion only where major punishment (other than dismissal, removal or compulsory retirement) is awarded after 3 years from the date of awarding the punishment or after the period specified in the punishment is over, whichever is earlier.” It is evident from the said Board proceedings that in all cases of major punishment, other than dismissal, removal or compulsory retirement, an employee is entitled to be considered for promotion three years from the date the punishment was awarded or after the period specified in the punishment is over, “whichever is earlier”. In the present case, three years from the date of the punishment imposed on the petitioner of reversion to the post of Assistant Lineman is earlier to the period specified in the order of punishment, which is “permanent reversion”. The period of three years from 23- 10-1992 expired on 22-10-1995. Since the benefit of being considered for promotion was extended only vide B.P.Rt.No.237, dated 10-11-1997, the petitioner was not entitled to have his case considered for promotion to the post of Lineman prior thereto and has, rightly, sought promotion only from 27-03-1998, the date on which his juniors were promoted. There shall be a direction to the respondents, therefore, to consider the case of the petitioner for promotion to the post of Lineman with effect from 27-03-1998, the date on which his juniors were promoted as Lineman, and if the petitioner is found eligible for promotion with effect from that date, the respondents shall grant him the benefit of notional increments and treat the said period as service rendered in the category of Lineman in the computation of terminal benefits. Since the petitioner has retired from service, it is, but, appropriate that the respondents be directed to complete the exercise within a specified period of three months from the date of receipt of a copy of this order. Within this period, the respondents shall not only pass orders in accordance with law but shall also pass consequential orders for payment in case, the petitioner is found eligible to be promoted as Lineman with effect from 27-03-1998. The Writ Petition is, accordingly, allowed. However, in the circumstances without costs. _______________ 04-02-2008 usd