THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.30775 of 1998 17-01-2008 Between: 1. Nasar Mohammed (died) per LRs. … Petitioners and 1. Director Personnel, APSEB, Vidyuth Soudha, Hyderabad And another … Respondents THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.30775 of 1998 O R D E R: Aggrieved by the memo dated 28.7.1998 whereby the orders issued in the A.P.Electricity Board Memo dated 06.06.1991 appointing the petitioner to Special Promotion Post-II in the category of Tracer was cancelled, the present writ petition is filed. 2. The petitioner was appointed as a Tracer and posted at Hyderabad on 19.5.1959. In the year 1969, he was temporarily promoted as Draughtsman and posted at Warangal. The petitioner did not join at Warangal and continued to work as a Tracer at Hyderabad till he retired on 30.4.1994. Consequent upon the introduction of the Automatic Advancement Scheme in the year 1982, the petitioner was appointed to the Special Promotion Post-I and II with effect from 01.7.1986 vide proceedings dated 06.6.1991. While the petitioner was appointed to the Special Promotion Post-I and II, to which he was entitled under the Automatic Advancement Scheme on completion of 15/22 years of service as Tracer, the said appointments were cancelled placing reliance on B.P.Ms.No.1146, dated 20.12.1988 on the ground that the Automatic Advancement Scheme was introduced for promotion of the persons, who have completed 15/22 years of service and have not been promoted on account of the non-availability of vacancy, and since the petitioner was promoted as Draughtsman and was posted at Warangal in the year 1969, his failure to avail the benefit of the promotion would disentitle him from claiming benefits under the Automatic Advancement Scheme. 3. In the affidavit filed in support of the writ petition, it is specifically stated that the Automatic Advancement Scheme was introduced by the Government and the same was admitted by APSEB in 1982 and that after the introduction of the Automatic Advancement Scheme, neither the petitioner was regularly promoted nor he refused the promotion at any time. This specific averment in the affidavit has not been denied in the counter affidavit filed by the respondents. They merely reiterated the contention that the petitioner though promoted in the year 1969, had failed to avail the benefit of promotion. 4. Since the Automatic Advancement Scheme was itself introduced in the year 1982, failure by the petitioner to avail promotion in the year 1969, more than 13 years prior to introduction of the scheme, would not dis-entitle him to claim the benefits under the Automatic Advancement Scheme. Since the petitioner could not have been aware, when he refused promotion in the year 1969, that he would also be dis-entitled for any benefits under the Automatic Advancement Scheme which was introduced 13 years thereafter, the impugned proceedings, canceling the earlier appointments issued in favour of the petitioner to Special Promotion Post Grades I and II, is set aside. The petitioner shall be entitled for the monetary benefits consequent upon his appointment to the Special Promotion Posts I and II. Since the petitioner died during the pendency of the writ petition on 11.9.2000 and his Legal Representatives, the petitioners 2 and 3 his widow and unmarried daughter, have been brought on record, the amounts due to the petitioner shall be computed and paid to the petitioners 2 and 3 within a period of three months from the date of receipt of a copy of this order. 5. The writ petition is allowed. However, in the circumstances no order as to costs. _________________________ RAMESH RANGANATHAN,J 17th January, 2008. PNV THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.30775 of 1998 17th January, 2008