HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 2147 OF 2019

O R D E R:

Petitioner, who claims to be belonging to S.T.

(Lambada) Community, assails the action of Respondents 1 and 2 in not promoting him to the post of Hostel Welfare Officer Grade-I in preference to the 3rd respondent.

2. The case of petitioner is that he was appointed as Hostel Welfare Officer Grade-II vide proceedings dated 27.10.2005. Thereafter, he passed departmental tests and now, is eligible for promotion to the post of Hostel Welfare Officer Grade-I. Rule 3 of the Andhra Pradesh Social Welfare Subordinate Service Rules, 1996, provides for method of appointment and the appointing authority. The Hostel Welfare Officer Grade-II is eligible for promotion to Hostel Welfare Officer Grade-I. As per Rule 7, no person shall be eligible for appointment by transfer or promotion unless he/she has put in not less than 3 years of service in the category from which promotion or appointment by transfer is made.

It is stated, since petitioner was appointed as Hostel Welfare Officer Grade-II in 2005 and he possessed requisite service of three years in the feeder category and had also passed the tests as contemplated in the Rules, he is eligible for promotion to the post of Hostel Welfare Officer Grade-I in 2014. Further, the Government issued G.O.Ms. No. 5, dated 14.02.2003 deciding to implement the Rule of Reservation in promotions to ensure adequate representation of Scheduled Castes and Schedule Tribes employees, i.e. 15% and 16%, respectively in all the categories of posts in all the Departments. In view of the above G.O., petitioner claims, he is eligible to be considered for Roster Point No.8 reserved for S.T. for promotion to the post of Hostel Welfare Officer, Grade-I. From the date of eligibility, he is stated to have been making representations, latest being the one dated 24.07.2017 to respondents, but the official respondents have not considered his case and surprisingly, promoted the 3rd respondent who is junior to him, vide proceedings dated 03.01.2018.

3. The 2^nd respondent - District Collector filed counter on behalf of respondents stating that in Karimnagar District there were number of representations filed in AP Administrative Tribunal about seniority. The Tribunal passed orders in OA No. 7215 of 2011 filed by one Sri K. Bhikshapathi, HWO Gr-II and Sri V.Bhaskar, HWO Gr-II that orders issued in G.O.Ms No.614, dated 02-08-2011 revising the date of declaration of probation of applicants concerned was suspended. As such the orders issued for implementing Rule 16(h) were not implemented. The Tribunal in O.A. No.8062 of 2016 with VMA 380 of 2010 issued final judgment in all those cases, pursuant thereto, the Government vide Memo dated 02-08-2011 issued information to the Commissioner of Social Welfare for giving promotion to HWOS Gr-II and HWOs Gr-I (Male & Female) in the District duly maintaining common seniority. Accordingly, common seniority of all HWOs Gr-II and HWOs Gr-I (for Male & Female) has been maintained in accordance with the government orders. It is also stated therein that as and when post reserved for women is thrown open, relevant persons may be promoted based on the common seniority list, which is maintained. The 8th roster point reserved for women (S.T.) was kept blank in earlier roster register and it has been carried forward to 22^nd point of roster due to non-availability of eligible ST Candidate.

It is stated that while petitioner was working as HWO Gr-II at Government SC Boys Hostel, Ibrahimpatnam, two boarders viz. Kumar Pendum Aksheeth studying in 8th class and Kumar Mannempally Vinay 9th Class left the hostel premises and drowned in SRSP Canal at Ibrahimpatnam due to his improper supervision and the District Collector, Jagtial placed petitioner under suspension on 15-04-2017 till 13-07-2017 and subsequently, imposed punishment of stoppage of one annual grade increment without cumulative effect vide proceedings dated 28.02.2018 a