IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 8258 of 1996 Between: Vinnakota Venkata Rama Krishna Rao, Junior Assistant (Retired), A.N.R. College, Gudivada, Krishna District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Hyderabad, rep. by its Principal Secretary, Education (Higher Education) Department, Secretariat Buildings, Hyderabad. 2 Commissioner of Collegiate Education, Andhra Pradesh, Nampally, Hyderabad. 3 Regional Joint Director of Higher Education, Rajahmundry, East Godavari District. 4 Correspondent, A,N.R. College, Gudivada, Krishna District. .....RESPONDENTS 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 an appropriate writ, order or direction, especially in the nature of a writ of mandamus, directing the respondents to give him Adhoc Promotion post w.e.f. 5-3- 1991 and order payment of arrears of salary, being the difference in pay between the Adhoc Promotion Post and Special Grade Post, and order re-fixation of his pay in 1986 R P S and 1993 R P S and order re-fixation of the petitioner’s pension and direct payment of re-fixed pension with all arrears, together with the cash value of the earned leave of 16 days. Counsel for the Petitioner:MR.K.HARINATH Counsel for the Respondent No.1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4 : MR. J.V. PRASAD The Court made the following : THE HON’BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO.8258 OF 1996 ORAL ORDER: No counter-affidavit has been filed by the respondents 1 to 3 in the writ petition instituted on 16.4.1996. The learned Government Pleader has today sought to file a counter-affidavit after more than 8 years since the institution of the writ petition. The request has been declined in view of the inordinate and unexceptional delay in filing the counter-affidavit. 2. The 4th respondent-the Correspondent of the College where the petitioner worked as junior assistant and has retired therefrom, has however, filed a counter-affidavit. 3. The petitioner is aggrieved that contrary to the provisions of G.O.Ms.No.117, Finance & Planning (Fin. Wing-PRC-1), Department, dated 25.5.1981, he has been denied the benefits of the Adhoc promotion post with effect from 5.3.1991, by which date he completed 15 years of service as a junior assistant in the 4th respondent college. 4. The petitioner was appointed as Lower Division Clerk, subsequently re- designated as Junior Assistant, on 5.3.1976 and he retired on attaining superannuation of 58 years on 28.2.1994. The State Government in G.O.Ms.No.117 Finance & Planning (Fin. Wing-PRC-1), Department, dated 25.5.1981 issued a scheme of benefits for employees who continued in the same post for long years and could not get promotion. The scheme was introduced as a stagnation relief measure. Under this scheme, employees after service of 10 years in a particular scale, would be eligible to the next higher scale and on completion of 15 years to the next higher post to be known as “Special Promotion Post”. The condition precedent for entitlement of the benefits of the Special Promotion post after completion of 15 years service is that the employee should be duly qualified for holding the promotion post as per the applicable service rules. It is the admitted position that the benefits of G.O.Ms.No.117 dated 25.5.1981 have also been extended to the non-teaching staff in aided educational institutions. 5. The petitioner was granted special grade scale on completion of 10 years of service on 17.2.1987. His grievance is limited to the fact that he was not given the special promotion post benefits with effect from 5.3.1991 when he completed 15 years of service. Admittedly, the petitioner did not acquire the qualification of passing of the departmental tests. Without passing the departmental tests, he is not eligible to the benefits of the Special Promotion Post on mere completion of 15 years of service either. 6. As is apparent from the averments in the counter-affidavit of the 4th respondent to which there is no demurral by the petitioner, the Director of Higher Education by proceedings dated 17.12.1983 prescribed the passing of departmental tests as a requisite qualification for benefits of the Special Promotion Post. By subsequent proceedings dated 16.1.1984, the Director of Higher Education exempted such of those employees who have crossed 45 years of age from the requirement of passing departmental tests for attaining eligibility for promotion. However, the A.P. Ministerial Service rules were amended vide G.O.Ms.No.54, (Services B) dated 30.1.1984, on account of which, exemption to employees who crossed 45 years of age from the requirement of passing departmental tests, was withdrawn. Consequently, all employees irrespective of their age are required to pass the departmental tests to attain eligibility for promotion. The legal position obtaining on the amendment of the A.P. Ministerial service rules was also clarified in a subsequent proceeding of the Director of Higher Education, dated 19.9.1989. As a result of these statutory and administrative developments as on 5.3.1991, the date on which the petitioner completed 15 years of service and would normally have been eligible for the benefits of the Special Promotion post, was however, not eligible for the said benefits and was, therefore, not given the benefits. 7. In the light of the averments in the counter-affidavit of the 4th respondent, the petitioner is seen to be ineligible for the benefits of Special Promotion Post despite completion of 15 years of service in the post of junior assistant as on 5.3.1991. Therefore, the relief sought by him cannot be granted. Therefore, the writ petition is dismissed. No costs. ________________ 06.08.2004 Nn/tsr. Copy to: 1 Principal Secretary, Education (Higher Education) Department, Secretariat Buildings, Government of Andhra Pradesh, Hyderabad. 2 Commissioner of Collegiate Education, Andhra Pradesh, Nampally, Hyderabad. 3 Regional Joint Director of Higher Education, Rajahmundry, East Godavari District. 4. 2 C.Cs to Government Pleader for Higher Education, High Court Buildings, High Court of A.P. Hyderabad.(OUT) 5. 2 C.D. copies.