HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12166 of 2009 Date: 30.03.2010 Between: P. Dhanraj. … Petitioner And The State of A.P., rep. by its Secretary to Government, Backward Class Welfare Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12166 of 2009 ORDER: In this writ petition, the petitioner has questioned the order, dated 08.06.2009, passed by the Vice-Chairman and Managing Director of the A.P. Backward Classes Cooperative Finance Corporation Limited in Memo Rc.No.214/A1/2007. By the aforesaid order, the claim of the petitioner for promotion to the post of Assistant Accounts Officer, is rejected. 2. The petitioner was initially appointed as a Typist in the 2nd respondent-Corporation, on 15.06.1981. Subsequently, his post was converted as Junior Assistant on 16.10.1984. Thereafter, he was promoted to the post of Senior Assistant with effect from 1st of December 1984. Thereafter, he was promoted to the post of Office Superintendent on 11th of August 1997. In the hierarchy of posts, petitioner’s next promotion is to the post of Assistant Accounts Officer. When his claim was not considered for promotion to the post of Assistant Accounts Officer, he approached this Court by filing W.P.No.2382 of 2009, wherein, this Court granted interim directions to consider his case for promotion to the post of Assistant Accounts Officer. Pursuant to such directions issued by this Court, the impugned order, dated 08.06.2009, is passed. 3. The claim of the petitioner for promotion is not considered on the ground that he has not passed the Accounts Test Part-I, which is prescribed for promotion to the post of Senior Assistant. It is stated that as he was promoted to the post of Senior Assistant and then as Office Superintendent without passing the said Accounts Test, he is not eligible for promotion to the post of Assistant Accounts Officer. 4. It is the case of the petitioner that passing of Accounts Test was not the required qualification, when he was promoted to the posts of Senior Assistant and Superintendent. It is stated that the said test is prescribed in the common bye-laws, which came into force in the year 2003. It is stated that as much as he was promoted to the post of Senior Assistant and also Office Superintendent prior to 2003, passing of Accounts Test was not the required qualification for promotion. It is submitted that as much as he is fulfilling the eligibility criteria for promotion to the post of Assistant Accounts Officer, the respondents cannot deny promotion to him, only on the ground that he did not pass the Accounts Text. 5. Counter affidavit is filed on behalf of respondents. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that as much as the petitioner has not passed the Accounts Test for Subordinate Officer Part-I, which is prescribed for the post of Senior Assistant, he cannot claim promotion to the post of Assistant Accounts Officer. It is also submitted by the learned counsel that the required qualification to hold the post of Assistant Accounts Officer is a pass in HDC/JDC test, but the petitioner has not passed the said test, as such, he is not eligible for promotion as Assistant Accounts Officer. 6. From a perusal of the impugned proceedings, it is clear that the only ground mentioned for rejection of promotion to the petitioner is that he has not passed the Accounts Test, when he was promoted to the posts of Senior Assistant and Office Superintendent. In the very order itself, it is stated that the said test is prescribed in the common bye-laws of the Society, which came into force in the year 2003. If the petitioner is promoted to the posts of Senior Assistant and Superintendent, in the absence of any bye-law, requiring a pass in the Accounts Test, the petitioner was rightly promoted to the posts of Senior Assistant and Office Superintendent, though he did not pass the said test. As much as the common bye-law, which prescribe passing of Accounts Test to hold the posts of Senior Assistant and Office Superintendent, has come into force in 2003, petitioner cannot be deprived of promotion. With regard to the qualifications to be possessed for promotion to the post of Assistant Accounts Officer, even according to the respondents, the petitioner is qualified in all respects, except passing of HDC/JDC test, but in the counter affidavit filed before this Court, in W.P.No.2382 of 2009, a specific stand is taken by the respondents, stating that in view of Circular Instructions, dated 31.12.2007, issued in Rc.No.39/A/2006, the HDC/JDC test is declared as equivalent qualification to that of CC-I test. As much as it is not in dispute that the petitioner has passed the CC-I test, which is considered to be equivalent to that of HDC/JDC test in the light of the Circular Instructions, dated 31.12.2007, he cannot be denied promotion to the post of Assistant Accounts Officer. 7. As much as the reasons mentioned in the impugned order cannot constitute valid ground to deny promotion to the petitioner as Assistant Accounts Officer, I deem it appropriate to set aside the impugned order of rejection, dated 08.06.2009, issued in Memo Rc.No.214/A1/2007, and direct the respondents to consider the case of the petitioner for promotion to the post of Assistant Accounts Officer, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. While considering the case of the petitioner, respondents shall keep in mind the Circular Instructions, dated 31.12.2007, with regard to qualifications. 8. Subject to the above directions, the writ petition is allowed. No order as to costs. ______________________ R. SUBHASH REDDY, J 30th March 2010 ajr