( 1 ) MADHAVA Rao, J.-This writ appeal is against the order of the learned single Judge directing to consider the case of the writ petitioner for the post of Lower Selection Grade (hereinafter referred to as l. S. G. Post ) with effect from 1st June, 1974.

( 2 ) THE learned Single Judge following the decision in V. Jagadeshwar Rao v. P. M. G. , Andhra Circle, issued the direction sought for to consider the promotion of the writ tioner though certain disciplinary proceedings were pending against him. In Jagadeshwar rao s case*, our learned brother Madhava reddy, J. , held that when a particular Go\ ern- ment servant s name is included in the list, but he is not promoted and his juniors are promoted, it cannot be said that he is not punished. It was also held that there was no rule which authorises the withholding of the promotion otherwise than in accordance with the Central Civil Services (Classification, control and Appeal) Rules (hereinafter referred to as C. C. S. (C. C. A.) Rules ). The administrative instructions contained in paragraph 156 of the Posts and Telegraphs manual Volume III which authorises the withholding of promotion runs counter to the c. C. S. (C. C. A.) Rules

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