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CASE NO.:

Appeal (civil) 5145 of 2006

PETITIONER:

Union of India and another

RESPONDENT:

Kunisetty Satyanarayana

DATE OF JUDGMENT: 22/11/2006

BENCH:

S. B. Sinha & Markandey Katju

JUDGMENT:

J U D G M E N T

[Arising out of Special Leave Petition (Civil) No. 16572 of 2006]

MARKANDEY KATJU, J.

Leave granted.

This appeal has been filed against the impugned judgment and order

dated 22.3.2006 of the Andhra Pradesh High Court in Writ Petition No. 7409

of 2004.

Heard learned counsel for the parties and perused the record.

The respondent was initially appointed as a Clerk in the Postal

Department of the Union of India on 30.11.1965 on the basis of the marks

obtained by him in the SSLC Examination. The SSLC certificate of the

respondent indicated that he belongs to the ’Konda Kapu’ community which

is admittedly a Scheduled Tribe community in the State of Andhra Pradesh.

Thereafter the respondent appeared for a departmental test for

promotion to the post of Upper Division Clerk against a post reserved for the

Scheduled Tribe community, and the respondent was promoted as an Upper

Divisio