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RAVI NATH TILHARI
K. Narayana Murthy, S/o Veerabhadra Prasada Rao – Appellant
Versus
State of Andhra Pradesh, through its Principal Secretary, MA and UD Department – Respondent
| Table of Content |
|---|
| 1. petitioner's qualifications and requests for promotions. (Para 2 , 3 , 4) |
| 2. challenges regarding validity of degrees and promotions. (Para 5 , 6 , 7) |
| 3. court's observations on legal standings and prior judgments. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. clarifications on degrees and implications for promotions. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. consideration of validation of degrees and restoration of advantages. (Para 22 , 23 , 24 , 25 , 26) |
| 6. rejection of petitioner's representation deemed unlawful. (Para 27 , 28) |
| 7. judgment allowing the writ petition. (Para 29) |
JUDGMENT :
Heard Sri V. S. R. Anjaneyulu, learned senior counsel, assisted by Sri Avinash, learned counsel for the petitioner, Sri V. Ramesh, learned GP for Services – IV and Sri D. Kasim Saheb, learned standing counsel for Municipalities’ Services.
2. This writ petition has been filed for the following relief:
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
The obligation of the Corporation to restore the petitioner's position and grant all accrued benefits after the validation of his degree.
petitioners are not eligible as on the date of the judgment passed by the Apex Court in Orissa Lift Irrigation Corporation case and their degrees are deemed to be suspended- petitioners are not entit....
If the respondents had extended any benefits and advantages in favour of the petitioners, then the question of restoring those benefits to the petitioners would not arise.
In-service candidates were given two chances to clear test/tests within stipulated timeframe and on doing so, all advantages/benefits would have to be restored to them with revival of degrees.
As per Recruitment and Promotion Rules, rightful claim of petitioner cannot be permitted to be defeated by respondents at this belated stage on grounds, as have been setup in reply.
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