Allowed

V Ratnakumar v. State of Ap

Andhra Pradesh HC12 Jul 2022WP/5574/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking promotion from Junior Assistant to Senior Assistant. The Court held the respondents illegal for failing to implement a Government order granting notional seniority from 5.5.2002. The Court directed the respondents to grant the petitioner Senior Assistant status with consequential promotions within eight weeks.

What did the court decide?

Directing respondents to grant promotion to the petitioner in the cadre of Senior Assistant w.e.f. 12.9.2014 with all consequential further promotions based on the notional date.

V Ratnakumar Vs State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

¶1

HON’BLE DR. JUSTICE K. MANMADHA RAO

¶2

WRIT PETITION No.5574 of 2021

¶3

ORDER :

¶4

This writ petition is filed under Article 226 of the Constitution of India for the following relief:-

¶5

“ to issue a Writ Order or direction more in the nature of Mandamus declaring the action of the respondents in not granting notional promotion in the cadre of Junior Assistant based on the notional date granted by the Government w.e.f. 5.5.2002 as per Government Memo No.17800/CR M2/2012-6, dated 17.2.2014 ins cite of rejecting the appeals filed by the persons against notional date of the Orders of DCTO Kakinada in Ref.No.P1/491/11, dated 15.3.2017 is illegal, arbitrary and violates Article 14,16 and 21 of Constitution of India and consequently declare that the petitioner is entitled for promotion in the cadre of Senior Assistant w.e.f. 12.9.2014 with all consequential further promotions based on the notional date given by the Government in the cadre of Junior Assistant in the interests of justice and to pass such other or further orders……. ”

¶6

The brief facts of the case are that the petitioner was appointed as Attender in the office of the Commercial Tax Officer, Rajahmundry and joined on 5.5.2002 and he was promoted as Junior Assistant on 8.8.2007. Thereafter, he made a representation to the Government for consideration of his case for appointment of Junior Assistant from the date of initial appointment. On 21.04.2014 the Deputy Commissioner of commercial Taxes, Kakinada issued show cause notice proposing his notional seniority in the cadre of Junior Assistant w.e.f 5.5.2002 at Sl.No.132-A below K. Bhagya Lakshmi and communicated to the affected candidates

¶7

¶8

Sl.No.132 to 139 of Kakinada division for submitting objections. Even though his notional seniority has been fixed at Sl.No.132A in the provisional seniority list for the period from 1994-2003 the same has been confirmed by the DCTO on 15.3.2017. Thereafter, the petitioner raised some objections for dropping the proposal of inclusion of his name but his request has not been considered by the DCTO, Kakinada, and passed orders on 28.07.2018. Against the same, the petitioner preferred appeal before Chief Commissioner of State Taxes, KKD and the same is pending consideration. On 6.4.2017 the CCT submitted a letter to the Government for rescinding Government Memo dated 17.02.2014. Even though the Government not accepted the earlier request for clarification on the issue frequently writing to the Government without implementing the Government Memo in true spirit is illegal. Hence, the present writ petition.

¶9

The 3^rd respondent has filed the counter affidavit denying all the averments made in the petition and contended that the Government vide G.O.Ms.No.2676 GA (DPC) Department, dated 23.07.2014 and G.O.Ms.No.2579 GA (DPC) Department, dated 01.08.2014 lifted ban on promotions in the cadre of District and Zonal cadre posts respectively. Therefore there is no bar on such revising seniority and affecting promotions in case District and Zonal cadre posts. It is an admitted fact that the petitioner made representations dated 7.12.2016, 22.12.2016 and 03.01.2017 seeking the promotion as Senior Assistant. Thereafter, the Commissioner (CT),

¶10

¶11

Vijayawada vide Ref.No. C1/E2/549/2012, dated 06.01.2017 has directed to implement the Government Memo no.17800/CT.111(2)/2012-6, dated 17.02.2014 in favour of the petitioner immediately and promote the petitioner as Senior Assistant, as per his seniority and eligibility. Accordingly, this office on 15.3.2017 has disposed of the appeals filed by 6 Js as per the directions of the Commissioner of Commercial Taxes, Vijayawada vide Ref.No.C1/149/2015, dated 20.01.2016 with certain directions.

¶12

It is further stated that order were passed while finalizing the provisional seniority list in the cadre of Jr.Assts./Jr.Steno Typists/Typists for the period from 01.01.2011 to 31.12.2014 relating to Kakinada Division vide DC(CT), Kakinada Proc.Ref. No.P2/418/2006, dated 28.07.2018 by placing the petitioner at appropriate place i.e., S.No.29 (Sl.No.63 in Integrated Seniority list of Kakinada nodal Division proceedings File No.CTDEG-PSOESTB (SL)/1/2019-P2-KKD Div., dated 06.02.2019) whose date of arising of vacancy is 10.11.2011 though the assigned notional seniority and is pending as per the Government and CCTs instructions.

¶13

Heard Mr. P.V. Ramana, learned counsel appearing for the petitioner and learned Government Pleader for ServicesI appearing for the respondents.

¶14

It is an admitted fact that the petitioner was appointed as Attender in the office of Commercial Tax Officer, Rajahmundry on 05.05.2022 and was promoted as Junior

¶15

¶16

Assistant. On 17.2.2014 Government issued Memo for notional seniority in the cadre of Junior Assistant from the date of the appointment of the petitioner as Attender w.e.f. 5.5.2002 and issued further directions for fixation of seniority in the cadre of Junior Assistant as per the G.O.Ms.No.504 dated 30.07.1980 R/w Rule 17 of A.P.M.S. Rules 1998.

¶17

On hearing, this Court observed that on 21.4.2014 the Deputy Commissioner of Commercial Taxes, Kakinada issued show cause notice proposing the notional seniority of the petitioner in the cadre of Junior Assistant w.e.f. 5.5.2002 at Sl.No.132A. Thereafter, the DCTO, on 18.06.2014 has passed orders confirming his notional seniority w.e.f. 5.5.2002 at 132A in the Revised Integrated Seniority List of Junior Assistants. Aggrieved by the same, some of the persons have preferred appeal before the Commissioner, CT, Hyderabad and the same was remanded to the DCTO, Kakinada for consideration. Accordingly, those appeals were disposed of confirming the notional seniority of the petitioner w.e.f. 5.5.2002. Therefore, the said proceedings have become final and as on the date of the order and the Government order being continued providing notional seniority to the petitioner in the cadre of Junior Assistant w.e.f. 5.5.2002. Accordingly, on 26.9.2017, the DCTO, Kakinada has prepared provisional seniority list of Junior Assistants for the period from 1.1.2011 to 31.12.2014 and shown the petitioner at Sl.No.29. This Court also observed that even though the notional seniority of the petitioner has been fixed at Sl.No.132A in the provisional

¶18

¶19

seniority list for the period from 1994-2003 the same has been confirmed by the DCTO on 15.3.2017. Accordingly, the petitioner filed appeal before Chief Commissioner of State Taxes, KKD on 20.08.2018, which is pending consideration.

¶20

This Court also observed that though the Government has not accepted the request for clarification on the issue frequently writing to the Government without implementing the Government Memo in true spirit is illegal and as a result 44 Junior Assistants, who are juniors to the petitioner were promoted as Senior Assistants on 11.7.2017. In spite of granting notional seniority by the DCTO, Kakinada, on 15.3.2017 w.e.f.5.5.2002, the case of the petitioner has not been considered by the respondents is declared as illegal.

¶21

Having regard to the facts and circumstances of the case and upon considering the material available on record and on considering the submissions made by both the counsels, in the interest of justice, this Court deems it fit to allow the writ petition while declaring the action of the respondents in not granting notional promotion in the cadre of Junior Assistant based on the notional date granted by the Government w.e.f 5.5.2002 as per Government Memo No.17800/CR.III(2)/2012-6 dated 17.02.2014 inspite of rejecting the appeals filed by the persons against notional date of the Orders of DCTO, Kakinada, vide Ref.No.P1/49/11, dated 15.03.2017, as illegal.

¶22

¶23

With the above observation, the Writ Petition is allowed. The respondents are directed to give promotion in the cadre of Senior Assistant w.e.f. 12.9.2014 to the petitioner with all consequential further promotions based on notional date given by the Government in the cadre of Junior Assistant. The entire exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy this order.

¶24

There shall be no order as to costs.

¶25

As a sequel, all the pending miscellaneous applications

¶26

shall stand closed.

¶27

______________________________ DR. K. MANMADHA RAO, J.

¶28

Date : 12-07-2022 Gvl

¶29

¶30

HON’BLE DR. JUSTICE K. MANMADHA RAO

¶31

WRIT PETITION No.5574 of 2021

¶32

Date : 12.07.2022

¶33

Gvl

V Ratnakumar v. State of Ap

Case brief

What is this about?

What did the court decide?

V Ratnakumar v. State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hussain Peera, Vs The Executive Engineer

Gurrala Abraham Vs Union of India

G Adinarayana Vs Ap Power Generation Corporation Ltd.

T. Tandava Krishnamurthy Vs The Andhra Pradesh Power Generation Corporation

Dr. G.J. Sujnana Raju, Vs The State of Ap

R Madhavi Vs The State of Andhra Pradesh