Ghulam Mohammed

1. This writ petition is filed seeking a writ of certiorari declaring the order dated 15-12-2009 passed in O.A.No.6364 of 2009 on the file of the A.P. Administrative Tribunal, Hyderabad (for brevity ‘the Tribunal’), as illegal, arbitrary and contrary to the Andhra Pradesh Administrative Tribunal Non-gazetted Service Rules, 1981 (for short ‘1981 Rules’) issued in G.O.Ms.No.541, dated 15-10-1981 and against the judgment of the Supreme Court in The District Registrar, Palghat and another Vs. M.B.Koyakutty 1979

(1) SLR 628=1979 (2) S.C.C 150.

2.Brief facts of the case are as follows:

The petitioner was initially appointed as Attender on 08-02-1983 in A.P. Administrative Tribunal and later promoted to the post of Record Assistant by proceedings dated 18-10-1989. Subsequently, he was promoted to the post of Junior Assistant by order dated 30-03-1992. His services were regularised in the said post vide proceedings of the 1st respondent dated 23-10-1993. In the provisional seniority list dated 27-10-2004 of the Junior Assistants (Lower Division Clerks (LDCs)), his name was shown at Sl.No.8 and whereas the names of the respondents 3 and 4 stood at Sl.Nos.10 and 12, respectively. He is qualified for promotion to the post of Senior Assistant (Upper Division Clerk (UDC)) by virtue of his seniority and eligibility. He passed departmental tests required for promotion as per the Rules. The 2nd respondent issued ad-hoc rules in G.O.Ms.No.541General Administration (SPF.B) Department, dated 15-101981 governing the non-gazetted posts in the Tribunal. As per Rule 4 of the 1981 Rules, the post of senior assistant (UDC), has to be filled by promotion from the post of care taker or by promotion from the post of Junior Assistant (LDC) and typist in the ratio of 3:1 and that qualification of degree is not prescribed for promotion to the post of senior Assistant from the post of Junior Assistant. Further, as per Rule 6 (1) (b) of the 1981 Rules, a degree in Arts or Science or Commerce or Law of a university in India is required only for direct recruitment to the post of junior assistant (LDC). Except for the direct recruitment to the post of Junior Assistant under the 1981 Rules, there is no requirement of possessing degree qualification for promotion to the post of senior Assistant. Recruitment to the post of senior assistant is only by way of promotion from the feeder categories of junior assistant, typist and caretaker and the 1981 rules have not prescribed direct recruitment to the category of senior assistants.

3. When vacancies in the category of senior assistants arose, the petitioner along with one A.Venkatesh submitted a representation on 24-04-2009 to the Hon’ble Chairman, Tribunal, to consider their case for promotion to the post of senior assistant in the said vacancies. Without considering their representation, the 1st respondent vide proceedings dated 12-05-2009 promoted respondents 3 and 4 along with two others. Challenging the said order, the petitioner filed O.A.No.6364 of 2009 before the Tribunal. The Tribunal by interim order dated 10-06-2009, directed the respondents to consider his case for promotion to the post of senior assistant as per Rules, eligibility and suitability, observing that the qualification of graduation for the post of UDC was not prescribed anywhere in the Rules. The respondent No.1 did not implement the orders dated 10-06-2009 and further gave a show cause notice dated 07-07-2009 for cancellation of 16 years promotion scale granted to the petitioner on the ground of non-possession of graduation qualification. Aggrieved by the same, he filed C.A.No.538 of 2009. He also filed another O.A.No.7999 of 209 challenging the show cause notice dated 07-07-2009. The Tribunal by common order dated 15-12-2009, dismissed both the O.A.s along with C.A. holding that graduation qualification is required to get the promotion to the post of senior assistant.

4. As per Rules issued in G.O.Ms.No.541, dated