CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 13^th day of June, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member G. Rama Joga Rao, S/o. Late G.Lakshmana Murthy, Aged about 59 years, Occ: Senior Auditor, O/o. Principal Accountant General (Audit), Telangana, Saifabad, Hyderabad..

..... Applicant.

(By Advocate: Dr. A Raghu Kumar)

Vs.

1. Union of India rep by Comptroller and Auditor General of India, 9, Deendayal Updadyay Marg, New Delhi-110124.

2. The Principal Accountant General (Audit), Andhra Pradesh, Saifabad, Hyderabad.

3. The Senior Deputy Accountant General (Admn), O/o. Principal Accountant General (Audit), Telangana, Saifabad, Hyderabad.

... Respondents (By Advocate: Ms. Rachna Kumari, SC for IA&AD)

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Digitally signed by KARAN KAR DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=

500004, L=Hyderabad, S=Telangana, STREET=

NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone=

cf00bb597b6051b5a127d240a608798336d0ecf5a

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to call for the records pertaining to the Order Lr.No.Admn.I/Prom/F-90/2015-16/TR-46 dated 14.09.2015 rejecting the claim of the applicant for considering his date of promotion as 01.01.1997 on par with all his batchmates for promotion to the post of Auditor and quash and set aside the same as illegal, arbitrary, violative of Article 14 and 16 of the Constitution of India and the rules on the subject matters and consequently declare that the applicant is entitled for promotion as Auditor as on 01.01.1997 instead of 06.01.1997 with all consequential benefits such as consideration for further promotion, seniority, pay and allowances etc., in the interest of justice, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case, as stated by the applicant, are that he initially joined as Clerk in Armed Forces Head Quarters Service, M/o. Defence, New Delhi on 06.07.1985 and later he was transferred to AG office on unilateral transfer on request on 03.02.1993. He was posted thereupon in the office of Resident Audit Office, Visakhapatnam in the year 1995. While so, the applicant was promoted as Auditor along with eight (8) others w.e.f., 01.01.1997 (FN) or from the date of taking over charge, whichever is earlier vide their Office Order dated. 01.01.1997. The respondents have the practice of communicating such promotional orders to the other units by telegram. Accordingly, the respondents have communicated the orders by a telegram on 02.01.1997 at 20.00 hours, however, it was received by the local office at Visakhapatnam on 03.01.1997 at 5.10 pm, and the 4th and 5th January of 1997 being closed holidays (Saturday & Sunday) of the office. Thus, the applicant could assume the charge in the afternoon of 06.01.1997, whereas all his batchmates who are working in the headquarters at Hyderabad could assume the charge on 01.01.1997. This is absolutely an administrative mistake which has resulted in belated assumption of the charge in the field units and assumption of charge on the same day in the headquarters. In fact, for the administrative mistake, it is a settled law that a government servant cannot be relegated to any disadvantage. The administration Digitally signed by KARAN KAR DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF should haveP ERpSOrNoNEpL ANeDr TRlAyINI NGf,o PosrtamlCodeu=lated methods / rules for taking care of such contingency

500004, L=Hyderabad, S=Telangana, STREET=

NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone=

cf00bb597b6051b5a