IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 3998 of 2000 Between: 1 The Director General of Quality Assurance (ADM.X) Department., of Defence Production Ministry of Defence (DGQA) Government of India, DHO (PO) New Delhi - 110 001 2 The Controller Contollorate of Quality Assurance (Systems) 156, Gough Lines, Tirmulgherry Post, Secunderabad, Pin - 500 15 ..... PETITIONERS AND T.Babu Rao S/o.Narasimha Controllorate of Quality Assurance (Systems) 156, Gough Lines, Tirmulgherry, Secunderabad .....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 or order or direction more particularly one in the nature of writ of mandamus declaring that the Judgment of Hon'ble CAT Hyderabad Bench in RA.No.89/99 in OA.No.98/98, Dt.25/11/99 confirming the Judgment in OA.No.98/98 Dt.12/7/1999 as illegal, null and void and set aside the said judgment of the CAT and consequentially declare that the promotion given to the respondent herein from the post of Electrician Semi Skilled (SS) to electrician Skilled (SK) on 29/11/1996 is valid and as per the SRO 16(D), Dt.17/9/1987. Counsel for the Petitioner:MR.A.RAJASEKHAR REDDY Counsel for the Respondent No.: . The Court made the following: ORDER: (Per Hon’ble Sri Justice P. Swaroop Reddy) This Writ Petition is filed against the order, dated 25.11.1999, in R.A.No.89 of 1999, which was filed against the judgment, dated 12.07.1999, in O.A.No.98 of 1998 passed by the Central Administrative Tribunal, Hyderabad. The petitioners herein are the respondents in O.A.No.98 of 1998. For the sake of convenience, the parties herein are referred to as they were arrayed before the Tribunal. The relevant facts of the case are as follows: The applicant worked as a Mate (Semi-Skilled) in the respondent-organisation w.e.f., 26.07.1991 and was promoted as Electrician (Skilled) in the old sc1ale of pay of Rs.260-350/950-1500/- w.e.f., 29.11.1996. It is his contention that as could be seen from the proceedings issued in letter No.1364, dated 04.02.1997, the post of Electrician (Skilled) was not available as on the date of his promotion i.e. on 29.11.1996, as it was upgraded to Electrician (Highly Skilled Grade-II), and therefore, he should be treated as promoted to Electrician (Highly Skilled Grade-II) and his pay should have been fixed in the scale of pay of Rs.330-560/1200-1800/- from the date of his promotion. It is his further contention that one Sohanlal, who was working as Electrical/Mate, was promoted to Electrician (Highly Skilled Grade-II) directly from the cadre of Mate, vide proceedings dated 23.06.1985. He, therefore, filed O.A. No.98 of 1998 to treat him as promoted to Electrician (Highly Skilled Grade-II) and to fix his pay accordingly. The respondents filed counter affidavit in the O.A. contending that a five-grade structure was introduced, which was in force at the relevant date. No doubt, earlier, the post of Electrician (Skilled) was abolished, but that was later introduced in the five-grade structure scheme and Sohanlal was promoted when five-grade structure scheme was not introduced. The learned Tribunal, after hearing the learned counsel on either side and considering the material on record, allowed the O.A. holding that the respondents themselves admitted in their letter, dated 04.02.1997, that the post of Electrician (Skilled) was abolished. However, it is contended by the learned Assistant Solicitor General appearing for the respondents that no doubt, in the letter, dated 04.02.1997, it was mentioned that post of Electrician (Skilled) was upgraded as Electrician (Highly Skilled Grade-II) through the letter, dated 11.05.1983, of the Ministry of Defence. But, the applicant is covered by five-grade structure as introduced in S.R.O.16(E) dated 17.09.1987, as per which, Electrician (Semi-Skilled) is eligible for promotion to Electrician (Skilled). Therefore, there is nothing illegal in promoting the applicant to the post of Electrician (Skilled), and promoting Sohanlal to the post of Electrician (Highly Skilled Grade-II), which was prior to introduction of five-grade structure scheme. None appears for the applicant to contradict the above factual position. In view of the above circumstances and as on the relevant date, the post of Electrician (Skilled) was existing, there is nothing illegal in promoting the applicant to the post of Electrician (Skilled). Therefore, the order of the Tribunal is liable to be set aside. Accordingly, the Writ Petition is allowed and the impugned order is set aside. No costs. ______________________ V. ESWARAIAH, J June 25, 2009. ______________________ P. SWAROOP REDDY, J VGB