Disposed

D. Bhaskar Kumar, S/o. Joseph v. Y. Narayana Rao, S/o. Y. Venugopal

Telangana HC12 Mar 2014WP/27303/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the Tribunal's order on promotions to the Superintendent cadre. The Court modified the impugned order, directing officials to first fill roaster point No.71 and then address the dispute between two SC candidates for point No.72 before filling remaining vacancies.

What did the court decide?

The impugned order was modified directing respondents to fill roaster point No.71 first, then settle the SC candidate dispute, and fill remaining vacancies as per the roster.

D. Bhaskar Kumar, S/o. Joseph Vs Y… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C. BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.27303 of 2012

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ORDER:- (per Hon’ble Sri Justice K.C. Bhanu)

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This Writ Petition is filed seeking to declare the final order dated 02-07-2012 passed in O.A.No.3997 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’) as illegal and arbitrary on the ground that it was passed without impleading proper and necessary parties and without any counter from the official respondents and accordingly set aside the same.

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2. The first respondent herein filed O.A.No.3997 of 2012 praying the Tribunal to declare the action of the respondents 2 to 4 herein in not effecting the promotions to the post of Office Superintendent on account of the disturbance between two SC candidates for one post of Office Superintendent and not filling the other seven (7) vacancies of Office Superintendents as illegal and consequently direct the respondents 2 to 4 herein to effect promotions to the said post in the remaining seven (7) vacancies and in these seven (7) vacancies, to consider the case of the first respondent for promotion to the said post as per his seniority. The said O.A. was disposed of with a direction to the respondents 2 to 4 herein to fill up 7 vacancies, out of 8 vacancies available in the cadre of Superintendents, by following the Rules governing promotions within a period of two months from the date of receipt of copy of that order and the respondents 2 to 4 herein are at liberty to decide as to which of the rival SC candidates should get one vacancy in the appropriate roaster point and the case of the

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first respondent herein shall be considered if he is fully qualified for promotion.

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3. Learned counsel for the petitioner contended that unless the dispute with regard to filling up of roaster point No.72, which is meant for S.C., is resolved, the other posts cannot be filled up and therefore, he prays to give a direction to the Government to decide in the first instance the rival claims of two persons who are competing for roaster point No.72 and thereafter to fill up other vacancies.

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4. Learned Government Pleader for Services-I contended that the Government will consider filling up of vacancy in roaster point No.72, in accordance with law and thereafter consider to fill up the other vacancies from roaster point No.73 onwards up to roaster point No.78.

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5. Learned counsel for the un-official respondent No.1 contended that by virtue of the interim order passed by this Court though the respondent No.1 in the writ petition is eligible to be considered for promotion at roaster point No.71 the same has not been considered and therefore, he prays to give necessary directions.

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6. The issue is with regard to giving promotions to the cadre of Superintendents. It is not in dispute that up to roaster point No.70 promotions were already given. From roaster point No.71, which is a general category, onwards the promotions have to be effected. Since two persons were claiming promotion for roaster point No.72, which is meant for S.C., there is no justification in not filling up of the other vacancies, but at the same time the dispute between two S.C. candidates namely Ch. Ravi Shankar and B.

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Bhaskar Kumar has to be decided in the first instance. If the statutory rules or instructions or other conditions of service indicate what factors are to be considered in giving promotion, then the authority concerned is bound to take into consideration such factors. In view of the fact that the Government also decided to give promotion to one among two Schedule Caste’s candidate, there is no impediment to fill all the eight (8) vacancies as per the roaster among eligible candidates.

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7. Accordingly, the writ petition is disposed of slightly modifying the impugned order in O.A.No.3997 of 2012 with a direction to official respondents to fill up the roaster point No.71 in the first instance and thereafter fill up from the roaster point No.72 after settling the dispute between the two S.C. candidates and the remaining vacancies as per the roaster.

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8. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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______________________ JUSTICE K.C. BHANU

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_______________ JUSTICE ANIS

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March 12, 2014

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THE HON'BLE SRI JUSTICE K.C. BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.27303 of 2012

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March 12, 2014

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D. Bhaskar Kumar, S/o. Joseph v. Y. Narayana Rao, S/o. Y. Venugopal

Case brief

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D. Bhaskar Kumar, S/o. Joseph v. Y. Narayana Rao, S/o. Y. Venugopal

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