IMPORTANT POINT
Relinquishment of promotion rights under service rules does not permanently bar future promotions if not explicitly stated as irrevocable.

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in not considering the case of the petitioner for notional seniority with retrospective effect promotion to the post of Senior Assistant for further promotion post of Superintendent and higher posts out of available vacancies in Zone set asiding the rejection orders passed by the 1st Respondent in Memo No.1764/Sec.V/20171 EFS orders dated 29.10.2020 of the 2nd Respondent and be pleased to pass orders/directions to the Respondents in pursuant to the Rc.No.11751/2015/HR2 dt 21.04.2017 of the 2nd Respondent recommending the case of the petitioner which has considered as arbitrary, illegal, unreasonable, unjust. It is also necessary in the interest of justice that this Hon’ble Court may be pleased to direct the Respondents to consider the case of the petitioner for according notional seniority with retrospective effect promotions as Senior Assistant and to other higher posts of Superintendent etc in Zone-1 by quashing the rejection orders issued in Memo No.1764/Sec/2017-1, dt 20.07.2017 of the 1st Respondent and reference dated 29.10.2020 of the 2nd Respondent and pass such other orders.”

2. Heard Mr. M. Chinnapa Reddy, learned counsel for the petitioner and Ms. P. Sudeepti, learned Assistant Government Pleader, Services-I for the respondents.

3. Learned counsel for the petitioner would contend that she was appointed as Junior Assistant-cum-Typist, working in Zone from 24.11.1986 as per orders issued by the 3rd respondent by regularization of services and as per the placement of the appointment orders out of the seniority list drawn up by the 3rd respondent, the petitioner is above Mr. A. Chandra Rao, who was recently retired from service on voluntary basis by 30.11.2020 as Superintendent, Office of the District Forest Officer, Vizianagaram of Zone-I.

The petitioner had worked for a short period as Senior Assistant on promotion from 01.09.1992 to 21.11.1992 and reverted back as Junior Assistant-cum-Typist for want of vacancy as per the order of the 3rd respondent. Later, she tendered relinquishment for promotion to the post of Senior Assistant dated 24.06.1996 on personal grounds, which was accepted by the 3rd respondent vide orders dated 27.07.1996 treating it as permanent relinquishment by manipulating the application of the petitioner with word as permanent by adding in it by manuscript working the subject matter with malafide intention.

The request made by the petitioner to withdraw her relinquishment application was also not accepted by the 2nd respondent and rejected by its order 26.01.2008 and finally with orders dated 07.11.2012 which attracted the court of law and the learned Tribunal suspended the orders of the 2nd respondent dated 07.11.2012 on 20.06.2013 vide O.A.No.4615 of 2013 and holding that the petitioner is entitled to be considered promotion to the post of Senior Assistant and declared the rejection of the petitioner as illegal and arbitrary on the part of the respondents. Pursuant to the directions of the learned Tribunal final promotion orders were issued to the petitioner as Senior Assistant by the 3rd respondent dated 04.06.2014. Thus, the petitioner is eligible for all consequential future prospects such as promotions etc., as per the original placement right from feeder category in preference over her juniors in all aspects in view of the order of the learned tribunal. The petitioner made representations dated 05.06.2015 and 01.06.2016 to the 2nd respondent requesting to restore the seniority with effect from 24.07.1998 as Senior Assistant allowing notional seniority with retrospective effect for promotion in both Senior Assistant and Superintendent categories over and above Mr. A.Chandra Rao, who is the immediate junior to the petitioner in the feeder category with c