ORDER:

Heard Sri D. Linga Rao, learned counsel for the petitioner, Sri B. Sravan Kumar, learned Assistant Government Pleader for Services-I for the respondent Nos.1 to 3 and Sri K. Babu Rao, learned counsel for the respondent No.5.

2. This writ petition is filed seeking to direct the official respondents to declare that the petitioner is entitled to be promoted as Senior Assistant on notional basis in the vacancy arisen in panel year 2008-09 by fixing his seniority over and above that of the respondent Nos.4 to 6 in accordance with the provisions of Rule 6 and 16(h) of the Telangana State and Subordinate Service Rules, 1996 (for short ‘the Rules’) by taking into account the date of passing of Departmental Tests with all consequential benefits by holding the action of the official respondents in effecting promotion by clubbing vacancies of different panel years and without reference to date of passing of Departmental Tests as illegal and arbitrary.

3. Learned Counsel for the petitioner submits that the petitioner was initially appointed as Attender on 20.03.1981, subsequently appointed by transfer as Typist in March, 1992, passed Accounts Test on 19.10.2008 and further promoted as Senior Assistant on 30.06.2011 though vacancy was available from February, 2010. The official respondents have promoted the unofficial respondent Nos.4 and 5 as Senior Assistants in the vacancies arisen in August, 2010 though they have passed Departmental Tests on 06.10.2010 and 10.02.2010 respectively ignoring the petitioner’s claim for promotion in spite of the fact that he has passed Departmental Tests much earlier to them. Likewise, the respondent No.6, who has not passed the departmental test, was allowed to cross 45 years and promoted as Senior Assistant on 25.08.2010 against the post which fell vacant in August, 2010.

4. Learned Counsel for the petitioner further submits that the petitioner being Scheduled Tribe Community is entitled for reservation in promotions. As per Rule 6 of the Rules, 1996, list of candidates eligible for promotion has to be prepared on annual basis and vacancies available during the respective panel years have to be necessarily filled up with the eligible candidates during the year starting from 1st September of the year and as per Rule 16(h) of the Rules, 1996, date of passing of tests has to be taken as criteria for determining seniority. Once vacancies have arisen during the panel year, the respondents ought to have considered the candidature of petitioner for promotion as Senior Assistant in preference to the claim of seniors who were ineligible for such promotion either on the ground of non passing of tests or non crossing of 45 years of age so as to available exemption from passing of departmental tests. He submits that the petitioner is entitled for notional promotion by fixing his seniority over and above that of the respondent Nos.4 to 6 with all consequential benefits and requested to allow the writ petition.

5. Learned Counsel for the petitioner has relied on the following Judgments;

1. Vijay Singh Charak vs. Union of India¹(2007) 9 SCC 743

2. R.Prabha Devi vs. Government of India²AIR 1988 SC 902

6. Learned Assistant Government Pleader for Services-I basing on the counter submits that the petitioner has passed Account Test during the year October, 2008 and the vacancy has arisen during February, 2010. As per ROR, the vacancy reserved for S.C. vide roaster point -7 and the eligible candidate Sri P. Venkataiah, Typist, who have passed Account Test during February, 2010, was promoted in that vacancy as per ROR and the petitioner is not eligible for promotion against that roaster point as he belongs to Scheduled Tribe. As per Rule 5(b) of the Rules, the posts of Senior Assistants, Superintendents etc., are all non-gazette posts comes under non-selection posts and there is no D.P.C for these posts as per Rule 6(h)(i) of the Rules. For non selection posts, the Superintending Engineer of concerned circle will pre