IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25970 of 2006 Between: The Superintending Engineer, I&CAD Department, Irrigation Circle, Ramalingapuram, Nellore, Nellore District and another ..... PETITIONERS AND G.Mariyanna, S/o.Chinnappa, Senior Assistant, Irrigation Circle Office, Ramalingapuram, Nellore, Nellore District .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25970 of 2006 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The respondent filed O.A.1288/2000 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) questioning the reversion order passed by the 1st petitioner herein dated 21.03.2000 in Memo No.EC2/B2/403M reverting the respondent from the post of Senior Assistant to Junior Assistant on the ground that the respondent is entitled to one promotion from the date of his initial appointment and he has already got more than one promotion and for further promotion from the post of Junior Assistant to Senior Assistant the respondent has to pass Accounts Test. The respondent sought for exemption from passing of Accounts Test on the ground that he has crossed 45 of years age, pursuant to the G.O.Ms.No.165 dated 22.04.1997 and the Tribunal considered his request and allowed the OA based upon the decision of this Court in the case of Rednam Satyanarayana Murthy v. The District Tribunal Welfare Officer, East Godavari District in W.P.24912/2005, dated 22.02.2006. It is not in dispute that the above said decision of this Court was overruled by the decision of the Full Bench of this Court in the case of Government of A.P. and others v. Venkateswarlu[1]. The Full Bench in the above case held that the first proviso to the ad hoc rule notified in G.O.Ms.No.225, dated 18.05.1999, restricting the benefit of exemption, only to those who have not been promoted even once after their initial appointment in public service would apply both to selection and non-selection posts and the contrary view expressed by the Division Bench in Rednam Satyanarayana Murthy’s case, as above, does not lay down correct law. Therefore, it cannot be said that the reversion order passed by the 1st petitioner herein dated 21.03.2000 is illegal or contrary to law and therefore, the order under O.A.1288/2000 is liable to be set aside, and is accordingly set aside. The learned counsel for the respondent submits that when the respondent filed O.A. before the Tribunal challenging the order of reversion, the Tribunal did not grant stay pending the O.A. Questioning the same, the respondent filed W.P.4901/2000 on the file of this Court and the Division Bench of this Court by order dated 28.03.2000 disposed of the writ petition, suspending the reversion order dated 21.03.2000 passed by the 1st petitioner herein pending final decision by the Tribunal in O.A.1288/2000. Thus, it is stated that the respondent continued in service from 17.04.2000 till 30.04.2009, the date of his retirement. It is stated that though this Court suspended the order of the Tribunal on 15.12.2006, the petitioners have not passed any consequential order of reversion and the respondent was permitted to continue in service till the date of his retirement i.e. up to 30.04.2009. The counsel for the respondent further submits that as per the decision of the Full Bench of this Court, as above, the respondent is not entitled for exemption from passing of Accounts Test for promotion to the post of Senior Assistant from the post of Junior Assistant, however, he has passed the departmental test in the month of September 2000 and therefore, he is entitled to be considered for promotion as Senior Assistant from September 2000. Thus, the respondent did not dispute about his non-entitlement for promotion from the date of the promotion vide proceedings dated 02.04.1998 till the date of passing of the departmental test upto September 2000. Since the respondent has already retired from service, the petitioners shall be required to pass a fresh order promoting the respondent as Senior Assistant from the date of passing of the departmental test with all consequential benefits. Therefore, the petitioners are directed to pass appropriate orders, as indicated above, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly allowed. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated: 16.09.2009 Dsr Note: Furnish copy in one week B/o Dsr [1] 2007(5) ALD 579 (FB)