HON’BLE SMT. JUSTICE T. MADHAVI DEVI Writ Petition (TR) No.1559 of 2017

ORDER

This writ petition is filed under Article 226 of the Constitution of India to call for the records relating to and connected with the impugned proceedings in Rc.No.1404/B7/ 2013, dated 19.06.2013 of the first respondent and to set aside the same as illegal, arbitrary and also contrary to the orders of the Andhra Pradesh Administrative Tribunal, Hyderabad, dated 19.12.2011 in O.A.No.10160 of 2009 and consequently, to declare that the petitioner is entitled for notional promotion to the post of Head Master Grade-II with effect from the date of clarification issued by the third respondent, vide Rc.No.02/PTC/2009, dated 19.02.2009 with all consequential benefits and to pass such other order or orders.

2 i). The brief facts leading to the filing of the present writ petition are that the petitioner was working as LFL Head Master in Nizamabad District and was eligible and qualified for promotion to the post of Head Master Grade-II and his name was included at Serial No.320. It is submitted that on the basis of his seniority and passing of requisite departmental tests, the petitioner was eligible and qualified for promotion and that some of the employees like the petitioner have filed O.A.No.1703 of 2019 declaring the action of the respondents in not considering their claim for promotions to the post of Head Master Grade-II on the ground of want of clarification from respondent No.3. The petitioner and others also have filed O.A.No.10160 of 2009 before the Tribunal seeking promotion on the basis of clarification issued by the third respondent dated 19.02.2009 and that there were total 310 posts of Head Masters Grade-II in Nizamabad District at the time of promotion counselling and the respondents filled up only 290 posts in the month of January 2009 and the remaining 20 posts were not filled up for want of clarification from the third respondent.

2 ii). It is submitted that he third respondent has issued clarification in proceedings No.02/PTC/2009, dated 19.02.2009 stating that only such of those teachers, who were eligible as on the date of counseling i.e., on 29.01.2009, have to be considered for promotion and has directed the authorities to take further action in the matter. When no action was taken by the respondents, O.A.No.10160 of 2019 was filed by the petitioner and others and the same was disposed of directing the respondents to verify whether promotions were effected to the post of Head Master Grade-II in other Districts on the basis of clarification issued by the third respondent, through proceedings in Rc.No.02/PTC/ 2009, dated 19.02.2009 on any date prior to 09.10.2009 and if so to give the same benefit to the applicants including the second applicant/petitioner herein who retired from the service in September 2009 by extending notional seniority to the applicants with all consequential benefits and to pass appropriate orders within eight weeks from the date of receipt of said order.

2 iii). It is submitted that consequent thereto, the first respondent has passed proceedings in Rc.No.1404/B7/2013, dated 19.06.2013 rejecting the case of the petitioner only on the ground that the petitioner has already retired from the service on attaining the age of superannuation, prior to the date of counseling on 09.10.2009. It is observed that when the case of employees, who obtained interim orders to participate in the counseling, was to be considered for the next promotional counseling and the Government has conducted counseling on 09.10.2009, the list of 54 eligible teachers for promotion to the post of Head Maser Grade-II has been prepared, in which, the name of the petitioner has not been included since he has retired from service on attaining the age of superannuation in the month of September 2009 itself. For the said reason, the case of the petitioner has been rejected and aggrieved by the same, the present writ petition is filed by the petitioner.

3. He