IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU W.P.Nos.3085 and 14535 of 2000 WRIT PETITION No.3085 of 2000 Between: 1 The Govt.of A.P Rep.by its Secretary to Govt., Dept of Marketing Secretariat Hyderabad. 2 The Commissioner and Director of Marketing, Govt.of A.P BRKR Govt., Offices Buildings Tank Bund Hyderabad. ..... PETITIONERS AND Md.Mahaboob Ali O/o.The Director of Matketing,B.R.K,R Govt.Offices Buildings Tank Bund Road, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari and quash the order passed by A.P. Administrative Tribunal in O.A.no.6118 of 1997, dated 8-9-1999 and declare the same as null and void and against the principal of law and justice and pass such other order or orders. Counsel for the Petitioners :GP FOR SERVICES I Counsel for the Respondent No.: MR.P.KISHORE RAO The Court made the following : THE HON’BLE Mr. JUSTICE GHULAM MOHAMMED And THE HON’BLE Mr. JUSTICE C.V. RAMULU W.P.Nos.3085 and 14535 of 2000 COMMON ORDER: (per HON’BLE SRI JUSTICE GHULAM MOHAMMED) W.P.No.3085 of 2000 This writ petition is ﬁled seeking to quash the Order dated 8-9-1999 passed by the A.P. Administrative Tribunal in O.A.No.6118 of 1997. The respondent herein ﬁled the above O.A. challenging the Proceedings No.O.P-I(1)1315/96, dated 26-9-1997 issued by the Commissioner and Director of Marketing, Andhra Pradesh, Hyderabad, whereunder his case for promotion to the post of Statistical Assistant was rejected on the ground that he has not completed the required service of ﬁve years in the cadre of Computer. It was the case of the applicant (respondent herein) that he joined in the service of Marketing Department as Junior Assistant on 17-1-1975, promoted as Senior Assistant with eﬀect from 19-6-1989 and was appointed as Computer, by transfer, on 6-12-1993. His next promotional post is Statistical Assistant, for which he is fully qualiﬁed. According to the applicant, the post of Statistical Assistant is governed by A.P. Marketing Subordinate Service Rules issued in G.O.Ms.No.79, dated 20-1-1970. As per Rule 2 of the said Rules, the post can be ﬁlled up by promotion from among the Computers or Senior Assistants, who have put in a total service of not less than 5 years as Senior Assistant in the Ministerial Service of the Marketing Department. Further, under the ad hoc rules issued in G.O.Ms.No.627, dated 21-12- 1983 the 5 years period was reduced to 3 years. Though the applicant is fully qualiﬁed, the authorities have not promoted him and on the other hand, promoted certain unqualiﬁed persons. Therefore, the applicant earlier ﬁled O.A.No.7584 of 1996 before the Tribunal and the same was disposed of by an Order dated 30-12-1996 directing the authorities to consider the representation of the applicant for the purpose of promotion to the post of Statistical Assistant in the existing vacancy. Thereafter, the applicant ﬁled a representation, which was rejected by the order impugned in the O.A. Petitioners herein ﬁled a counter before the Tribunal stating inter alia that the applicant is fully qualiﬁed and passed the relevant tests, but he has not put in the requisite service of 5 years as Computer as required in the ad hoc Rules. The applicant was also informed that he has not completed the required service of 5 years and was not eligible for promotion as Statistical Assistant and unless the relevant rules are amended, he cannot be considered for promotion. The Tribunal, after considering the rival claims, allowed the O.A. and directed the petitioners herein to consider the case of the respondent herein for notional promotion with eﬀect from the date on which he has acquired eligibility and availability of vacancy, keeping in view G.O.Ms.No.627, dated 21-12-1983 and the observations made by it, within a period of three months from the date of receipt of the order and release the consequential beneﬁts. Aggrieved by the said Order, the Government and the Commissioner and Director of Marketing, Andhra Pradesh have filed the present writ petition. Learned Government Pleader appearing for the petitioners contended that since the special rules, which contemplate minimum ﬁve years of service either as Computer or Senior Assistant, were not amended, the respondent- applicant is not entitled for promotion till he completes ﬁve years of service in the cadre of Computer. Learned counsel appearing for the respondent supported the impugned Order of the Tribunal and submitted that there are no grounds to interfere with the matter under Article 226 of the Constitution of India and thus prayed for dismissal of the writ petition. We have perused the ad hoc rules issued by the State Government. They are also statutory in nature being framed under Article 309 of the Constitution of India. They are applicable to all the services of the Andhra Pradesh State and the respondent herein being a member of A.P. Marketing Subordinate Service is also entitled to the beneﬁt of those rules issued in G.O.Ms.No.627, dated 21-12-1983. A close examination of the said Rules would reveal that they are applicable to all the services and a minimum period of ﬁve years speciﬁed in Special Rules was reduced to three years. Since the respondent herein has completed 3 years in the feeder category, he is entitled to be considered for promotion to the higher category of Statistical Assistant. It is not in dispute that a vacancy of Statistical Assistant arose on 1-7- 1996. Under those circumstances, the Tribunal rightly allowed the O.A. and set aside the Order dated 26-9-1997 impugned therein and directed the petitioners herein to consider the case of the respondent herein for notional promotion with all consequential benefits. We do not find any ground to interfere with the impugned Order of the Tribunal, in exercise of our extra-ordinary jurisdiction under Article 226 of the Constitution of India. The writ petition fails and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. W.P.No.14535 of 2000 In view of the reasons recorded above, this writ petition ﬁled by the aﬀected parties, is also liable to be dismissed. Accordingly, this writ petition is also dismissed. No order as to costs. ______________________ (GHULAM MOHAMMED,J) July 24, 2008 ______________________ (C.V. RAMULU,J) Prk