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1990 Supreme(SC) 102

K.RAMASWAMY, M.M.PUNCHHI, RANGANATH MISRA
S. Prakasha Rao – Appellant
Versus
Commissioner Of Commercial Taxes – Respondent


Advocates:
B.RAJESHVAR RAO, K.Madhava Reddy, L.M.SINGHVI, P.P.Rao, RANI CHHABRA, T.V.S.N.Chari, Y.P.RAO

Judgement

K. RAMASWAMY, J.:- Special leave. granted.

This appeal under Article 136 is against the order dated October 6, 1989 made in R.P. No. 2403/1987. The facts are as under:

2. The respondents Nos. 4 and 5, B. Kumara Swamy and G. Amarender, in this appeal filed R. P. No. 1615 of 1984 before the Andhra Pradesh Administrative Tribunal, Hyderabad, contending for promotion from Senior Assistant to Assistant Commercial Taxes Officer, zonal seniority of Warangal local area comprising of Warangal, Khammam, Karimnagar and Adilabad is the criteria. The Adilabad division consisting of Adilabad and Karimnagar Districts of the Commercial Taxes Division cannot be treated to be a zone and the divisional seniority prepared by the department is bad in law. It was held by the Tribunal by order dated February 18, 1986, that the zonal seniority is the criteria. Though, for the administrative convenience a division consisting of the revenue districts of Adilabad and Karimnagar may be treated as one division and Warangal and Khammam as Warangal division may be carved out, for the purpose of promotion zonal seniority has to be maintained. Accordingly, the Tribunal allowed the Representation petition. T















































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