1998 Supreme(AP) 136
Andhra Pradesh High Court
Judges : B.S.A.SWAMY
K.L.Narasimha Rao - Appellant
Versus
District Collector - Respondent
Decided On : 03-03-98
Headnote:
Civil Laws – Irregular promotion – One K. L. Narasimha Rao who is working as incharge Senior Assistant in the Engineering Wing of the Society, filed Writ Petition No. 14946 of 1996, questioning the promotion of the 4th respondent S. Suryanarayana Sarma, who is no other than the petitioner in Writ Petition No. 14960 of 1996, as Senior Assistant vide proceedings Rc. of the Executive Director of the Society, by contending that he is the senior most among the categories of employees in the Society and in fact, working as incharge Senior Assistant since 1994 – But, on the basis of the orders of this Court in Writ Petition 4th respondent has been promoted – He also stated that he preferred an appeal to the Chairman of the Society against this irregular promotion and as the Chairman failed to pass any order rectifying the injustice he was constrained to approach this Court, questioning the promotion of the 4th respondent – Held, Promotion obtained by the 4th respondent is temporary, ad hoc and is liable for reversion as per the orders of the Executive Director in Rc. No. A. 1/595/sc/90, dated 10-7-1996 – Hence, it cannot confer any right on the 4th respondent and it has to be revised in the light of the orders passed now – Accordingly, the posts of Senior Assistants in the District Society have to be filled up on the basis of seniority-cum-merit from among the eligible candidates – This exercise should be done within 4 weeks from the date of receipt of a copy of the order – Court have no hesitation to hold that the 4th respondent tried to outwit others and walk-away with the promotion to their detriment – Hence, the orders given by the respondents promoting the 4th respondent are liable to be revised and the cases of all the eligible candidates have to be considered for filling up the vacancies of Senior Assistants on the basis of merit-cum-seniority – It is seen that the petitioner filed the above writ petition suppressing the real facts and this Court simply directed the respondents to consider the petitioner s case, before filling up the vacancy by deputation. But, the respondents did not promote the petitioner as Senior Assistant as he is not the senior most eligible person to be promoted as Senior Assistant – Aggrieved by the orders of the respondents in not considering his case for promotion as Senior Assistant, the petitioner filed Contempt Case and under the orders in the contempt case, he was given ad hoc appointment as Senior Assistant – Now, having not satisfied with the ad hoc promotion given under the orders of the Contempt Case, the petitioner filed another writ petition i. e. , the present writ petition, seeking a direction that he should be promoted as Senior Assistant on regular basis with effect from 24-4-1996 – Contempt Case Dismissed
( 1 ) ALL these three matters can be disposed of by a common order as they relate to the promotion to the post of Senior Assistant in the District Schedule Caste Cooperative Society Limited, Khammam (for short the Society ), and the parties are referred in this order as they are arrayed in Writ Petition No. 14946 of 1996.
( 2 ) ONE K. L. Narasimha Rao who is working as incharge Senior Assistant in the Engineering Wing of the Society, filed Writ Petition No. 14946 of 1996, questioning the promotion of the 4th respondent S. Suryanarayana Sarma, who is no other than the petitioner in Writ Petition No. 14960 of 1996, as Senior Assistant vide proceedings Rc. No. Al/595/sc/90, dated 17-07-1996, of the Executive Director of the Society, by contending that he is the senior most among the categories of employees in the Society and in fact, working as incharge Senior Assistant since 1994. But, on the basis of the orders of this Court in Writ Petition 3631 of 1996, dated 29-02-1996, the 4th respondent has been promoted. He also stated that he preferred an appeal to the Chairman of the Society against this irregular promotion and as the Chairman failed to pass any order rectifying the injustice he was constrained to approach this Court, questioning the promotion of the 4th respondent.
( 3 ) AT the stage of admission, having satisfied that the petitioner is the senior-most from the seniority list published by the respondent Society, I directed the respondents therein, to review the promotion of the 4th respondent and consider the claims of all seniors in accordance with rules and promote the person selected. When this order has not been complied with, the petitioner filed Contempt Case No. 9 of 1997 to take action against the contemnors for flouting the orders of this Court. After notice the contemnors filed counter, stating that the 4th respondent filed Writ Petition No. 3631 of 1996, by contending that he was the only qualified person for promotion to the post of Senior Assistant, but the respondent was not considering his case for promotion on the ground that he has not put in minimum service of three years as Junior Assistant and they are trying to fill up the vacancy by a deputationist, though the Rule provides for promotion of a candidate who has put in a minimum service of two years in case candidate who has completed three years is not available. In those circumstances, this Court directed them to consider the case of the 4th respondent before filling up the vacancy by a deputationist. As he was not the senior-most candidate eligible for promotion, the Society did not take any action to promote him. Aggrieved by the said action of the Society, the 4th respondent filed Contempt Case No. 626 of 1996, and though the Society brought to the notice of the learned Judge that there are seniors to him in the Society, the learned Judge directed the Society to give temporary ad hoc promotion to the 4th respondent and closed the contempt case. Pursuant to the orders in the contempt case, the 4th respondent was given temporary ad hoc promotion on 10-07-1996.
( 4 ) THE respondents also brought to my notice that the 4th respondent having not satisfied with the temporary ad hoc promotion filed writ petition No. 14960 of 1996, seeking a direction from this Court to promote him on regular basis. At this stage, the Counsel appearing for the 4th respondent intervened and started contending that the petitioner is not eligible for promotion as his services were not regularised and his probation was not declared, whereas the services of his client (4th respondent) were not only regularised but, his probation was also declared. But, from the provisional list submitted, it is seen that while the petitioner joined service in the Engineering wing of the Society in the year 1987, the 4th respondent joined service in the Administrative Wing of the Society only in the year 1993. Having noticed this glaring irregularity, I directed the Registr