1. Originally the petitioner was appointed as Typist on 23.05.1992. He is fully eligible and qualified to be promoted as Senior Assistant. A combined seniority list in the category of Junior Assistants, Typists and Junior Stenos of Zone-II was prepared on 01.01.2014 and the same was communicated vide Memo dated 27.06.2014 wherein the petitioner was placed at Serial No. 2. Despite the same, when the respondents did not consider his case for promotion, he approached the Andhra Pradesh Administrative Tribunal through O.A. No. 1802 of 2015, which was dismissed by order dated 6.4.2015 Aggrieved by the same, he preferred the present Writ Petition.

2. Heard learned Counsel for the petitioner and learned Government Pleader for the respondents. Perused the material on record.

3. Earlier, the third respondent in his proceedings in Rc. No. 582/2006.M2, dated 05.07.2006 temporarily promoted the petitioner to the post of Senior Assistant and asked him to join at promotion on receipt of the allotment orders from the second respondent. The said promotion was given as per the seniority list of Junior Assistants, Typists and Junior Stenos of Rajahmundry Circle of Zone-II. The petitioner made a representation on 18.07.2006 reporting that he could not join the post of Senior Assistant for the reason that two years back, he met with an accident and lost his wife and younger son and also lost one finger of right hand, and requested for consideration of his claim for promotion as Senior Assistant after one year in pursuance of Government Orders in G.O.Ms No. 145, General Administration (SER.D) Department, dated 15.06.2004 The third respondent in his proceedings Rc. No. 582/2006-M2 dated 03.08.2006 having considered the representation of the petitioner in pursuance of the Government Orders in G.O.Ms No. 145 dated 15.06.2004 accepted his request for consideration of promotion again after a period of one year subject to availability of vacancy. In pursuance of his request, it is further stated in the said proceedings that the petitioner now looses his right of promotion as Senior Assistant for one year from the date of offer of appointment. Accordingly the promotion orders of the petitioner were cancelled with immediate effect while making it clear that his case for promotion would be considered again after a period of one year subject to availability of vacancies and as per rules in vogue.

4. The case of the petitioner for promotion was again considered in the next year as per the seniority list and promoted to the post of Senior Assistant vide orders in Rc. No. 5222/07-M2 dated 24.12.2007 The petitioner made a representation on 5.1.2008 requesting to consider his case for permanent relinquishment of promotion to the next category on the ground that due to physical disability and other family problems, he can not shift his family out of Vijayawada. The third respondent vide proceedings Rc. No. 5222/2007-M2, dated 25.01.2008 accepted the representation of the petitioner dated 8.1.2008 and informed that relinquishment once made will be final and irrevocable without any claim for promotion in future as per Rule 28 of A.P State and Subordinate Service Rules, 1996. It was further stated therein that the petitioner is not having any right for future promotion at any time during his remaining period of service in the department.

5. In fact the petitioner through his representations dated 18.07.2006 and 8.1.2008 relinquished his right to be considered for promotion for the vacancies of those particular years in view of suffering from depression and mental agony on account of death of his wife and son, and, loss of right hand finger in the accident.

6. In Writ Petition No. 26654 of 2005 (The District Educational Officer, Kurnool vs. Shahnaz Begum) a Division Bench of this Court through its order dated 09.08.2006, having considered the Rule 28 of the A.P. State and Subordinate Service Rules, 1996 held that a careful perusal of Rule 28 of the A.P. State and S