THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Writ Petition No.4611 of 2001 Dated:25th November, 2010 Between: Dasari Paradesi ..... Petitioner AND 1. Visakhapatnam Port Trust, rep. by its Chairman, Port Trust, Visakhapatnam & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.4611 of 2001 ORDER: This Writ Petition has been filed by Dasari Paradesi with a prayer to issue a writ of Mandamus to the respondents directing them to give notional promotions to him after effecting necessary entries in the service register with regard to the petitioner’s community and pay the arrears of salary. 2. The petitioner joined as a Grader in 1978 in Visakhapatnam Port Trust in the Mechanical Department. He was promoted as Junior Engineer (L.S.) and retired from service on 31.05.2000. According to him, he belongs to Erukala community, which is a scheduled tribe and he is entitled to promotions in reserved categories from the year 1991. He made representations in 1991. There being no action on his representation, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India with the prayer stated supra. For better understanding the grievance of the petitioner, I deem it appropriate to refer paras.5 and 6 of the affidavit filed in support of the writ petition and they read as hereunder: “5. I requested the authorities to enter my caste in my service register so that my children could get the benefit of Scheduled Tribe which she would get by virtue of reservation. I sent a letter dated 27.10.2000 to the Second Respondent herein requesting him to give service certificate that I worked in Visakhapatnam Port Trust and that I belong to Scheduled Tribe Community so that I could get admission for my daughter in M.B.A. Course on reservation. Even it is not done by the 2nd respondent as a result of which my daguher could not be admitted for non-production of community certificate. On account of lapses on the part of the respondents, I suffered both in promotions as well as in terms of money (i.e., pay and allowances) and also my daughter’s future career is affected. 6. If I am promoted notionally on the due dates on which I get my promotion and my salary fixed accordingly, I will be getting more than 2 lakhs of rupees as arrears of salary, which they have not paid me so far, nor is there any attempt on their part to calculate the salary which I am entitled to get by virtue of notional promotions. The action of the respondents is, therefore, illegal and arbitrary. They referred the matter to the Collector, Visakhapatnam, not satisfied with the records, I produced at the time of my appointment. After the report of the Collector is received, in August, 1991 they did not move in the matter in giving me promotion due to me. I, therefore, am entitled to get notional promotions at least. Now that I have retired and also the arrears of pay which I am entitled to get by virtue of promotions. As no action is taken by the respondents in this regard, I am constrained to move this Honourable Court. Hence, this writ petition.” 3. Rule Nisi came to be issued on 16.03.2001. 4. The respondents 1 and 2 filed counter-affidavit. B.V.R.Sarma, Senior Law Officer of the Port Trust, has sworn to the counter affidavit. It is stated in the counter-affidavit that the petitioner is eligible for notional promotion in the cadre of Junior Engineer (Diesel) w.e.f. 08.10.1997. 5. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents-Port Trust. 6. Learned counsel appearing for the petitioner submits that though the petitioner sought for various reliefs in the writ petition, he restricted his claim as to notional promotion in the cadre of Junior Engineer (diesel) w.e.f. 08.10.1997 for which, the learned standing counsel appearing for the respondents reports no objection. 7. In that view of the matter, the Writ Petition is disposed of directing the respondents to consider the case of the petitioner for giving notional promotion in the cadre of Junior Engineer (Diesel) with effect from 08.10.1997. But, for notional promotion, the petitioner is not entitled to any other relief. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th November, 2010. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Writ Petition No.4611 of 2001 Dated:25th November, 2010