THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.712 of 2005 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the 1st respondent in not approving the promotion of the petitioner as Junior Assistant through his proceedings Rc.No.455/Admn.VI-2/2002, dated 04-05- 2002, as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently to direct the respondents to treat the petitioner as Junior Assistant in BSSB College, Thadikonda, Guntur District with effect from 30-05-2002 and to extend all consequential retirement benefits. It appears, the petitioner was initially appointed as Record Assistant in B.S.S.B Junior College, Thadikonda, Guntur District, on 12-09-1978. Subsequent to his appointment as Record Assistant, the BSSB Junior College was absorbed with BSSB Degree College. He was absorbed in the BSSB Degree College as Attender with effect from 01-06-1981 instead of Record Assistant against the existing vacancy. Thereafter, the Selection Committee has issued proceedings recommending the name of the petitioner for the post of Record Assistant. On 15-03-1997, the petitioner was appointed as Record Assistant in BSSB Degree College, Thadikonda. Now, the grievance of the petitioner is that the vacancy of Junior Assistant had caused in the degree college in the year 2001 and the District Promotion Committee recommended the name of the petitioner for being appointed as Junior Assistant by its proceedings, dated 12-03-2002. In this context, the 2nd respondent has also addressed a letter, dated 13-03-2002, to the 1st respondent. But, the 1st respondent, without considering his seniority and G.O.Ms.No.517, dated 29-10-1987, passed the impugned order. Hence, the present writ petition. Though no counter is filed, the learned counsel appearing for the respondents strenuously contended that the petitioner is entitled only for one promotion and he is not entitled for consequential promotion. Therefore, his case was rightly rejected by the respondents. Heard both sides. In the instant case, the selection committee recommended the name of the petitioner for promotion to the post of Junior Assistant on 13-02- 2002 and in pursuance of the same, the 2nd respondent addressed letter, dated 13-03-2002, to the 1st respondent seeking ratification of the selection made by the selection committee in respect of the petitioner for the post of Junior Assistant. However, the said recommendation was not accepted and the same was rejected by the 1st respondent stating that the petitioner is possessing the qualification of SSLC and the qualification required for the post of Junior Assistant is Intermediate. Under G.O.Ms.No.517, dated 29-10-1987, the Rule amended reads as under:- “In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andha Pradesh hereby makes the following amendments to the Special Rules for the Andhra Pradesh Ministerial Service. AMENDMENT In the said Rules – (1) for clause (b) of sub Rule (14) of Rule 3, the following shall be substituted, namely,- “(b) Record Assistants and members of equivalent categories in other services and members of Andhra Pradesh Last Grade Services and members of other services shall not be eligible for appointment by recruitment by transfer to the post of Junior Assistants, Typists and Junior Stenographers in the subordinate offices viz., offices other than the Head of Departments and Directorates unless they possess the qualification of pass in intermediate Examination and the other qualification prescribed and put in not less than five years of regular service in such categories. Provided that those appointed prior to 29-10-1987 may be considered for appointment by recruitment by transfer to the posts mentioned above, if they possess minimum General Educational qualification and put in not less than five years of regular service.” It is true that under G.O.Ms.No.517, dated 29-10-1997, the persons seeking promotion except in the Head of Departments are not eligible unless they possess Intermediate qualification. But, it appears the proviso made thereto, as noticed above, states that those who are appointed prior to 29-10- 1987 may be considered for appointment by recruitment by transfer to the posts mentioned above, if they possess minimum General Educational Qualification and put in not less than five years of regular service. Admittedly, the petitioner had put in five years of service as Attender and Record Assistant, since he was absorbed to the post of Attender, which is an aided post, with effect from 01-06-1981 and the petitioner has passed SSLC examination even before he was appointed into the service. Therefore, the impugned order passed by the 1st respondent rejecting to treat the petitioner as Junior Assistant with effect from 30-05-2002 is illegal and arbitrary and the same is liable to be set aside. Accordingly, the writ petition is allowed directing the respondents to pass appropriate proceedings within a period of four weeks from the date of receipt of a copy of this order. It is needless to mention that the petitioner is entitled to all the consequential benefits that flow out of this order. There shall be no order as to costs. __________ 13-04-2010 Prv