JUDGMENT

Markandey Katju, J. - Leave granted.

2. This appeal has been filed against the impugned judgment and order dated 22.3.2006 of the Andhra Pradesh High Court in Writ Petition No. 7409 of 2004.

3. Heard learned counsel for the parties and perused the record.

4. The respondent was initially appointed as a Clerk in the Postal Department of the Union of India on 30.11.1965 on the basis of the marks obtained by him in the SSLC Examination. The SSLC certificate of the respondent indicated that he belongs to the Konda Kapu community which is admittedly a Scheduled Tribe community in the State of Andhra Pradesh.

5. Thereafter the respondent appeared for a departmental test for promotion to the post of Upper Division Clerk against a post reserved for the Scheduled Tribe community, and the respondent was promoted as an Upper Division Clerk in Scheduled Tribe category. His promotion order specifically stated that he has been promoted as an Upper Division Clerk under Scheduled Tribe category vide promotion order dated 27.12.1976. Thereafter, in 1987, he was further promoted to the next higher post, i.e. LSG cadre, again on a post reserved for Scheduled Tribe category.

6. On 28.11.1994, a show