THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE S. ANANDA REDDY W.P.No. 3715 of 2002 Dated: 15-06-2007 Between: Smt., V. Pushpavathi …Petitioner And The HighCourt of Andhra Pradesh, Rep., by Registrar (Admninistration) High Court of A.P., Hyderabad and three others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM And THE HON’BLE SRI JUSTICE S. ANANDA REDDY W.P.No. 3715 of 2002 Oral Order: (Per: The Hon’ble Sri justice Goda Raghuram) The petitioner assails the orders of the State Government in G.O.Ms.No.342 General Administration (SER.C) Department dated 04-08-1997 (for short ‘the G.O.Ms.No. 342) as also the order dated 18-02-2002 of this Court which on entertaining a revision of the fourth respondent allowed the same and set aside the petitioner’s promotion to a post in Category 2 of the Andhra Pradesh Judicial Ministerial Services Division No.IV (under the Andhra Pradesh Judicial Ministerial Services Rules, 1964 (for short ‘the Rules) issued in G.O.Ms.No. 206 Home Department dated 07-02-1964. The petitioner was at the relevant time holding an independent charge of Head Clerk in the Court of Principal District Munsif, Khammam, a post in Category 3 of Division IV in the unit of the District Judge, Khammam. This was in 1994. She was initially appointed as a Record Assistant and after intermediary promotions was holding the post of Head Clerk in 1994. The fourth respondent was similarly holding the post of Head Clerk in Category 3. Disciplinary proceedings were initiated against the petitioner and other staff who had worked in the Principal Junior Civil Judge’s Court, Khammam on the basis of an inspection report. Charges were framed, disciplinary enquiry was held and eventually by the order of the District Judge dated 26-04-2000 the petitioner was visited with the penalty of recovery of Rs.12,394-00 negligent conduct and the consequent loss caused and a further penalty of withholding one annual increment without cumulative effect was also imposed on her by the aforesaid proceedings. On 24-06-2000 a vacancy in the post of Sheristedar in Category 2 of Division IV of Andhra Pradesh Judicial Ministerial Services arose and was considered for being filled up in the unit of Senior Civil Judge, Kothagudem. By the proceedings dated 24-06-2000 of the District Judge, Khammam the petitioner was promoted to Category 2 as Sheristader. Aggrieved thereby the fourth respondent, who was also a candidate for such promotion submitted a representation to the first respondent. The first respondent, by the impugned proceedings dated 18-02- 2002 allowed the fourth respondent’s revision. The District Judge, Khammam was directed to effect fresh promotions in accordance with rules. The petitioner contends that the first respondent allowed the fourth respondent’s revision on the basis of the State Government’s (second respondent) orders in G.O.Ms.No.342. These orders (in G.O.Ms.No. 342) are comprehensive instructions issued by the second respondent on the currency and effect of minor penalties on government employees who were involved in disciplinary cases and whose cases come up for consideration for promotion to higher categories. In these orders in respect of withholding of annual increment without cumulative effect the instructions enjoin that the penalty awarded to the government employee shall debar promotion or appointment by transfer to a higher post during the subsistence of the penalty which shall be indicated in the order subject to a minimum period of one year, both for selection and non-selection posts. Promotion from the post of Category 3 to Category 2 in Division IV in the Andhra Pradesh Judicial Ministerial Rules is a ‘selection post’ in view of Rule 8 of the Rules. Rule 8 of the Rules enjoins that promotion to the specified posts shall be made on ground of merit and ability seniority being considered only where merit and ability are approximately equal. In any event, the comprehensive instructions issued in G.O.Ms.No. 342 debar consideration for promotion or appointment by transfer to a higher post during the currency and subsistence of a penalty of stoppage of annual increment without cumulative effect and for a minimum period of one year, both for selection and non-selection posts. Learned counsel for the petitioner Sri C.B. Rammohan Reddy would urge that G.O.Ms.No. 342 is not inapplicable to employees governed by the Andhra Pradesh Judicial Ministerial Service Rules. Except an abstract submission that employees of the Judicial Ministerial Services are subject to oversight by the High Court no legal basis is urged for excluding the applicability of government administrative instructions that contour the discretion of the competent authorities in considering promotions or appointments by transfer to higher posts either for selection or non-selection posts. Insofar as selection posts are concerned, the relevant rule (Rule 8) clearly stipulates that promotions shall be on the basis of merit and ability, seniority being considered only where merit and ability are approximately equal. The impugned administrative instructions insofar as they are applicable to selection posts, which is the post to which the petitioner was promoted by the order dated 24-06-2000, cannot be held to be inconsistent with the statutory rules. The administrative instructions issued in G.O.Ms.No. 342 merely sensitize the competent authorities while considering promotions to selection posts that the currency of penalty even of withholding of one annual increment without cumulative effect, is a disentitlement, during the currency of such punishment to consideration and appointment to selection posts. The administrative instructions neither amend nor transgress the Rules, but only explicate what is implicit in the statutory Rules. It is not the case of the petitioner that members of Andhra Pradesh Judicial Ministerial Services are not government employees. The administrative instructions issued in G.O.Ms.No. 342 are explicitly applicable to government employees. On the aforesaid analysis, there are no merits. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J ____________________ S. ANANDA REDDY, J Dated: 15-06-2007 Pvks/*