HON’BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICE AND HON’BLE SHRI JUSTICE C.V.NAGARNUNA REDDY WRIT PETITION No. 16179 OF 2006 Between: The Superintending Engineer (R&B) Nizamabad Circle, Nizamabad and others. … Petitioners AND Syed Raziuddin … Respondent :: O R D E R :: Counsel for the petitioners : Government Pleader for Services-II Counsel for respondent : Shri Meharchand Nori for Shri D. Linga Rao Dated: 21.03.2007 Per C.V.Nagarjuna Reddy, J This is a petition for setting aside order dated 05.10.2004 vide which the Andhra Pradesh Administrative Tribunal (for short ‘the Tribunal’) allowed the application filed by the respondent and quashed his reversion from the post of Senior Assistant to that of Typist. The respondent was initially appointed as Road Inspector in the Work Charged Establishment of Roads and Building Department on 21.07.1975. After completion of five years service, he was appointed as Typist by transfer. After another seven years, petitioner No.1 issued proceedings No.Estt/E2/96-II dated 28.06.1997 whereby he relied on G.O.Ms.No. 165, GA (Service-C) Department) dated 22.4.1997 and exempted the respondent from passing the departmental test on the ground he had crossed 45 years of age. The respondent was given SPP-I grade on completion of 16 years of service and was promoted as Senior Assistant vide proceedings No.Estt/E2/98-19 dated 23.07.1998 issued by petitioner No.1. After two years, petitioner No.1 issued proceedings No. Estt/E2/2000-7 dated 9.6.2000 whereby he reverted the respondent from the post of Senior Assistant to that of Typist. This was done by petitioner No.1 in the purported compliance of G.O.Ms.No.225, GAD dated 18.05.1999 issued by the Government. The respondent challenged his reversion by filing application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. 2962 of 2000. He pleaded that the rule circulated vide G.O.Ms.No. 225 dated 18.5.1999 was not retrospective in nature and, therefore, the same could not have been relied for passing an order adversely affecting his promotion. In the counter filed on behalf of the petitioners, it was pleaded that the applicant (respondent herein) was reverted because he had not passed the departmental examination. The Tribunal allowed the application and quashed proceedings dated 9.6.2000 on the premise that the promotions made in pursuance of G.O.Ms.No.165, GA (Ser-C) Department, dated 22.04.1997 are not in any way affected by G.O.Ms.No.225 dated 18.05.1999. Learned Government Pleader for Services-II argued that reversion of the respondent from the post of Senior Assistant was legally correct and justified because the ad hoc rule notified under G.O.Ms.No.225 dated 18.05.1999 clearly provided that the employee shall not be given second promotion till he passes the departmental tests. Sri Meharchand Nori, on the other hand, submitted that the adhoc rule notified under G.O.Ms.No.225 dated 18.05.1999 was not given retrospective effect and therefore the same could not have been relied for nullifying the promotion of the respondent. We have considered the respective submissions. For a proper appreciation of the issue raised in the writ petition, we may notice the relevant rules. The first of the rules styled as “Adhoc Rule” framed by the Government of Andhra Pradesh in exercise of its powers conferred by the proviso to Article 309 of the Constitution of India and notified under G.O.Ms.No.165 dated 22.04.1997 reads as under: “Notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules on the Special Rules or in Adhoc Rule, the Government employees who have crossed 45 years of age shall be exempted from passing the Departmental Tests prescribed in the Special Rules for the purpose of promotion to the next higher category i.e., promotion, appointment by transfer to a post above the one held by him/her if they could not pass the same.” Subsequently, the Government issued G.O.Ms.No.225 dated 18.05.1999 and notified new ad hoc rule, which reads as under: “Notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules or in the Special Rules or in Adhoc Rules, the Government employees who have crossed 45 years of age shall be exempted from passing the Departmental Tests prescribed in the Special Rules or the adhoc rules for the purpose of promotion to the next higher category i.e., promotion or appointment by transfer involving promotion to a post above the one held by him or her if they could not get even one promotion after their initial appointment. Provided that the persons who already got a promotion once where no tests are prescribed for the higher post, the exemption is not applicable to him or her if he or she is to be considered for further promotion to next higher category where tests are prescribed. (This adhoc rule is applicable from the panel year 1997-98). Provided further that the exemption is applicable in case of departmental tests or special tests only, where they are prescribed as pre-requisite for promotion and this exemption shall not be applicable where like technical or academic qualifications are prescribed for promotion to the next higher category of post. Provided also that the exemption shall not be applicable for declaration of probation where passing of departmental tests or special tests is a pre-condition for declaration of probation.” A reading of G.O.Ms.No.225 dated 18.05.1999 makes it clear that the ad hoc rule notified through that G.O., is not retrospective in character. There is nothing in the language of this rule from which it can be inferred that the State Government intended to make it applicable with retrospective effect. Therefore, the same could not have been relied for reverting the respondent on the premise that he had not passed the departmental examination. In the result, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.20201 of 2006 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J G.S.SINGHVI, CJ Date: 21.03.2007 ES