IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR. JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25039 of 2000 Between: P.Vasudevan and another ..... PETITIONER AND Commissioner & Director of Technical Education, Government of Andhra Pradesh, B.R.K. Buildings, Tank Bund Road, Hyderabad and others .....RESPONDENTS The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) The proceedings dated 30.11.1999 under which the notional appointment of the petitioners herein and others as Senior Instructors with effect from 20.3.1969, on par with Mr.K.Satyanarayana, who was a direct recruit, was cancelled and the excess paid to them with effect from 1.4.1989, was ordered to be recovered was assailed by the petitioners and others in OA No. 7521 of 1999. The dismissal of the said O.A. by order dated 22.11.2000 is assailed by the petitioners in the present writ petition. The petitioners were appointed as Junior Instructors in the year 1967 and they were promoted as Senior Instructors in 1978. It is their case that one K.Satyanarayana, who was junior to them in the category of Junior Instructor was promoted as Senior Instructor on 20.3.1969 and on their representation, proceedings dated 17.6.1983 was issued acceding to their request, by the Director of Technical Education, Hyderabad and the petitioners were given notional promotion with effect from 20.3.1969 with monetary benefits from the date of actual discharge of duties as Senior Instructors. Thereafter, by order dated 20.3.1991, the first respondent has cancelled the proceedings dated 17.6.1983 and the promotion of the petitioners on par with K.Satyanarayana was withdrawn. The petitioners herein and others field OA No. 15740 to 15743 of 1991, which were disposed of by order dated 18.6.1999 directing the respondents to re-fix their pay, pursuant to which show cause notice dated 8.8.1999 was issued and on receipt of their replies, by the order dated 30.11.1999, the first respondent has cancelled the earlier proceedings dated 27.6.1983 and the excess amount paid to them was ordered to be recovered, which was assailed by the petitioners in the above O.A. The Tribunal, by the order impugned has observed that Mr. K.Satyanaraynaa was not promoted to the post of Workshop Instructor, re-designated as Senior Instructor, but he had undergone selection process pursuant to the notification issued in 1968 by the Director of Technical Education, Hyderabad and, as such, the petitioners cannot claim notional promotion on par with the said K.Satyanarayana and consequently dismissed the O.A. Aggrieved thereby, the present writ petition is filed by the applicants in the above O.A. As can be seen from the record, pursuant to the notification, Mr. K.Satyanrayana, had undergone selection process and by proceedings dated 16.1.1969, apart from five others, he was appointed as Workshop Instructor, which is re-designated as Senior Instructor. Therefore, though he was a service candidate, he had undergone selection process, as he was eligible and had the requisite qualifications for the selection as Senior Instructor. Therefore, the petitioners cannot seek parity with that of Mr. K.Satyanarayana. Having gone through the impugned order, we do not find any illegality warranting interference. Consequently, the writ petition deserves dismissal and is accordingly dismissed. No order as to costs. ____________________ Justice T.Meena Kumari _________________________ Justice Gopala Krishna Tamada July 19, 2010 MAS