THE HON'BLE SMT. JUSTICE T. MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P. NO.22670 OF 2000 ORDER: (Per. Hon’ble Smt. Justice T. Meena Kumari) 1 This Writ Petition is filed seeking to set aside the order passed by the Central Administrative Tribunal, Hyderabad dated 07.04.2000 in O.A.No.646 of 1999 as illegal and arbitrary. 2 Respondent herein filed the said O.A.No.646 of 1999 before the Central Administrative Tribunal stating that he was appointed on compassionate grounds as TOA to Electrical Division, Vijayawada 06.10.1993 and was subsequently appointed to TOA Grade-I on 25.01.1994. Thereafter he was promoted as TTA by order dated 15.05.1997 and was given training from 17.05.1997. However, by order dated 15.04.1999 he was reverted from the post of TTA to TOA, which was the subject matter of the O.A. Hence the respondent filed the O.A. to set aside the said order dated 15.04.1999 issued by the second respondent and for a consequential direction to the petitioners to continue him as TTA from the date of his promotion to the said post dated 17.05.1997 with all consequential benefits. 3 The contention raised by the petitioners before the Tribunal was that as per the recruitment rules issued under notification dated 22.07.1991 the respondent is not in Telecom Engineering Branch of the department and hence he cannot be promoted as TTA since he belongs to the electrical branch. However, the Tribunal referring to the provisions of the P & T Manual, held that Non gazetted staff in the Engineering Branch (including the Electrical Branch) of the department consists of class of officials indicated therein. The Clerks or TOAs come under that part. It also held that when the engineering branch as per the Manual provisions includes the Electrical branches, it cannot be a ground to say that the Electrical Branch TOAs are excluded as per the recruitment rules. In the absence of any clear mentioning that the Electrical Branch is excluded in the recruitment rules, and in the absence of other mentioning that the Telecom Engineering Branch does not include Electrical Branch, the position as contained in the P & T manual has to be relied upon wherein it is clearly stated that Engineering Branch includes Electrical Branch. Having referred so the Tribunal held that the Electrical Branch cannot be excluded as per notification dated 22.07.1991. Having observed so it has also further held that the respondent has been correctly promoted as TTA and his reversion by order dated 15.04.1999 is irregular and accordingly the Tribunal allowed the said O.A. filed by the respondent herein by setting aside the order of reversion and by further holding that the respondent is entitled for all the consequential benefits. Aggrieved thereby the respondents in the said O.A filed the present Writ Petition. 4 More or less similar grounds have been raised by the learned standing counsel appearing for the petitioners. 5 However, the Tribunal has relied upon the provisions of the P & T Manual and held that the Non gazetted staff in the Engineering Branch (including the Electrical Branch) of the department consists of class of officials indicated therein and the Clerks or TOAs come under that part. In the absence of any mentioning in the rules that Telecom Engineering Branch excludes the Electrical Branch, it has to be held that the respondent who belongs to Electrical Branch is entitled for promotion to the post of TTA. 6 Under the above circumstances, it has to be held that the reversion of the respondent is irregular and accordingly we see no illegality or irregularity in the order passed by the Central Administrative Tribunal, Hyderabad warranting interference from this court. 7 The Writ Petition is accordingly dismissed. No costs. ------------------------------- Justice T. Meena Kumari ---------------------------------------- Justice Gopala Krishna Tamada 19.07.2010 Gsn / Kvsn