Andhra Pradesh High Court - Amravati
B. Harish Babu vs The District Collector B.C. W, on 22 January, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T. RAJANI
WRIT PETITION No.1117 OF 2020
ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents particularly the action of the first respondent in issuing the present impugned speaking order in Rc.No.A1/27/2018, dated 23.4.2018 rejecting the genuine claim of the petitioner of his promotion to the post of Gr.I Hostel Welfare Officer, by mentioning untenable reasons that, the cadre strength for HWO's Gr.II male and female are different and distinct and cadre strength is to be determined separately, as illegal.
2. Heard the counsel for the petitioner and the Government Pleader for Social Welfare appearing for the respondents.
3. The counsel for the petitioner submits that the petitioner, who belongs to Scheduled Caste community, was appointed as last grade employee in the year 2008, and promoted as Gr.II Hostel Welfare Officer in the year 2012. His services were regularized and he passed departmental tests. The Government issued G.O.Ms.No.5, Social Welfare (ROR) Department, dated 14.2.2003 and G.O.Ms.No.2, Social Welfare (ROR-1) Department, dated 09.1.2004, providing rule of reservation in promotions, in respect of SCs and ST. As per G.O.Ms.No.4, Social Welfare (ROR.1) Department, dated 24.1.2007, the rule of reservation is to be implemented where there is inadequacy of 2 SCs/STs provided that the cadre strength is more than five. The cadre strength of Hostel Welfare Officers, in Chittoor District, is six and therefore, the rule of reservation is applicable. But, unfortunately, the first respondent, by misunderstanding the rule position, has been effecting promotions in the cadre of Gr.I Hostel Welfare Officers, without following reservation and promoting the individuals by preparing the seniority lists separately, in the cadre of Gr.II Hostel Welfare Officers, dividing the gender as 'Male' and 'Female'.
4. The counsel for the petitioner submits that in similar circumstances, the Andhra Pradesh Administrative Tribunal at Hyderabad passed order dated 31.1.2014 in O.A.No.1063 of 2013 with C.A.No.1147 of 2013, wherein the Tribunal directed the respondents to determine the cadre strength of Gr.I HWOs by taking into consideration the strength of Gr.I HWOs men and women together and if it is more than five, then rule of reservation shall be applied. The said finding of the Tribunal is based on sound principles. The reservation provided for SC/ST communities has to be taken into consideration as a whole, but, it cannot be divided on the basis of gender.
5. Hence, in view of the above, there shall be a direction to the respondents 1 and 2 to determine the cadre strength of Grade-I Hostel Welfare Officers without referring to the gender and if it is more than five, rule of reservation shall be applied in accordance with law.
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6. Accordingly, the writ petition is allowed, setting aside the order of the first respondent in Rc.No.A1/27/2018, dated 23.4.2018 rejecting the genuine claim of the petitioner of his promotion to the post of Gr.I Hostel Welfare Officer and the case of the petitioner should be reviewed against Roster No.16.
As a sequel, the miscellaneous applications pending, if any, shall stand closed.
______________ T. RAJANI, J January 22, 2020.
YS