IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23948 of 2006 Between: Smt. M. Suneetha, W/o. S. Jaianand, Jr. Steno, O/o. the Commissioner of Commercial Taxes, Nampally, Hyderabad. ..... PETITIONER AND 1 The Commissioner, Commercial Taxes, Nampally, Hyderabad. 2 The Govt. of A.P. Rep by its Principal Secretary, Revenue (CT-III) Department, M.J. Market, Hyderabad. 3 Sri S. Kruparao, Senior Steno, O/o. the Commissioner of Commercial Taxes, M.J. Market Road, Hyderabad. .....RESPONDENT(S) 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 to issue Counsel for the Petitioner:MR.KUNUKUDURGAPRASAD Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.23948 of 2006 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioner, who is the third respondent in the O.A. seeks to challenge the order passed in O.A.No.3197 of 2006 dated 27.9.2006 on the file of A.P. Administrative Tribunal, Hyderabad and further seeks a direction to the first respondent to consider the case of petitioner for promotion to the post of Senior Stenographer as per the seniority and also as per rules. Third respondent herein is the applicant in the O.A. He filed the above O.A. seeking a declaration that the action of the first respondent in reverting him from the post of Senior Stenographer to Junior Stenographer vide proceedings dated 29.5.2006 on the ground that he did not possess the requisite qualification, as arbitrary and illegal. The case of the applicant before the Tribunal was that he joined the service as Junior Stenographer on 15.12.1995 and his probation was declared on 24.7.1997. He was promoted as Senior Stenographer on 21.4.2001 and his probation in the said category was declared on 21.4.2002. He made representations to the official respondents for promotion to the cadre of Special Category Stenographer on 6.5.2004 and on 25.10.2004. In pursuance of the said representations, first respondent sought a clarification from the Government whether the applicant would be entitled for promotion to the cadre of Special Category Stenographer since he did not possess the requisite qualifications. The Government vide its memo dated 13.5.2005 issued clarification to the effect that as per Rule 6(1) of A.P. Ministerial Service Rules, for appointment to the post of Senior Stenographer, one should possess both Shorthand and Typewriting qualification in the higher grade in the concerned language in English or Telugu relevant to his appointment either to the post of Senior Stenographer (English) or Senior Stenographer (Telugu) as the case may be. Since the applicant was not having the above qualifications even for the post of Senior Stenographer, first respondent vide letter dated 26.5.2005 directed the applicant to acquire the requisite qualifications within a period of one year, failing which, he would be reverted to the post of Junior Stenographer. The applicant sought two years time for acquiring the qualifications, which was rejected by the respondents. As the applicant did not acquire the qualifications within one year, he was reverted to the post of Junior Stenographer vide proceedings dated 29.5.2006. Challenging the said proceedings, applicant filed the above O.A. Heard both sides. The petitioner is the unofficial respondent in the O.A. According to her, she is a Graduate and belongs to Scheduled Caste community and is senior to the applicant and possesses the requisite technical qualifications. But in spite of her representations dated 22.6.2005 and 7.1.2006 for promotion to the post of Senior Stenographer, her case was not considered and the impugned order of the Tribunal is coming in the way of considering her case for promotion. The Tribunal after hearing both parties and after observing that the applicant’s probation in the cadre of Senior Stenographer has been declared on 21.4.2002 and already four years have elapsed, granted one more year so as to enable the applicant to acquire the requisite qualification. The Tribunal, in its wisdom has granted one year, which cannot be said to be either arbitrary or illegal. We are not inclined to interfere with such a discretionary order passed by the Tribunal However, the period of one year granted by the Tribunal has already expired by now. No case is made out by the petitioner calling for interference of this Court under Article 226 of the Constitution of India. It is always open for the petitioner to file a separate O.A. for working out her remedies as to seniority, promotion etc. For the foregoing reasons, the writ petition is dismissed. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 1.7.2008 DA THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.23948 of 2006 (Order of the Bench delivered by Hon’ble Sri Justice Ghulam Mohammed) 1.7.2008