Andhra Pradesh High Court - Amravati
D.Narapa Reddy vs The Tirumala Tirupati Devastanam on 7 August, 2019
Bench: C.Praveen Kumar, Cheekati Manavendranath Roy
HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.10785 of 2019
Order:
Heard Sri P.V. Krishnaiah, learned counsel for the
petitioner; Dr. Majji Suri Babu, learned Standing Counsel for
TTD appearing for the 1st respondent and the learned
Government Pleader for Services-I appearing for the
respondents 2 to 4.
2. Facts lie in a narrow compass and may be stated as
follows:
The petitioner has been working as a Technical
Supervisor in Free Ayurveda Dispensary of Tirumala Tirupati
Devasthanams (TTD), Tirumala. He possesses the
qualifications of - (1) B.A.M.S. from Sri Venkateswara
University, Tirupati, (2) M.D. from Rajiv Gandhi University of
Health Sciences, Bengaluru and (3) Ph.D. (Ayurvedic Pharmacy
subject), Thesis submitted in the year 2019.
As per Rule 9(II) of the TTD Employees' Service Rules, 1989,
the service shall consist of the post under various branches
specified in Annexure-I attached to the Rules. As per the said
Rules, medical services will come under Category 3(6)
i.e. Sri Srinivasa Ayurveda Pharmacy. Similarly,
Sri Venkateswara Ayurveda Dispensary is covered under
Category 3(5).
3. In the Dispensary, by name Free Ayurveda Dispensary
existing at Tirumala, which is under the control of
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Sri Srinivasa Ayurveda Pharmacy, the posts of "Medical
Officer" and "Technical Supervisor" are carrying the same pay
scale as they are discharging the same functions. As per the
aforesaid Rules, there is no further promotion to the post of
Technical Supervisor/Medical Officer.
4. The Hon'ble Supreme Court in various decisions held
that failure to provide promotional avenues/opportunities is
violative of Articles 14, 16 and 21 of the Constitution of India
and further observed that employer shall provide reasonable
opportunity to its employees by creating promotional avenues.
5. As there is no further promotional avenue for the post
of Technical Supervisor/Medical Officer in Sri Srinivasa
Ayurveda Pharmacy and also in Senior Vaidya in Ayurveda
Dispensary, the inaction of the 1st respondent in providing
reasonable promotional avenues/opportunities is illegal and
unconstitutional.
6. The TTD Trust Board also passed Resolution No.159,
dated 26-5-2011, creating the posts of Pharmacy
Superintendent, Senior Medical Officer and Production
Executives upgrading the existing post of Production
Supervisor to Production Manager with the scale. Thus, the
Board has created promotional avenues from the post of
Technical Supervisor to the post of Senior Medical Officer as
well as Ayurveda Pharmacy Superintendent, which is
equivalent to Hospital Superintendent.
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7. However, no promotions are being given to the said
next higher post. The petitioner, therefore, has submitted
representation dated 10-7-2019 to the 1st respondent
requesting him to consider his case for promotion to the post
of Senior Medical Officer, which is vacant. However, the said
representation is not considered till now and it is not disposed
of.
8. Therefore, the petitioner has filed this writ petition
seeking Writ of mandamus declaring the action of respondents
1 and 2 in not implementing the resolution dated 26-5-2011
and in not considering the representation of the petitioner and
consequently to direct the respondents 1 and 2 to forthwith
implement the resolution dated 26-5-2011 and to promote the
petitioner as Senior Medical Officer in the existing vacancy.
9. At the time of hearing the writ petition, the learned
counsel for the petitioner confined the relief of the petitioner to
a direction to the respondents to consider the representation
dated 10-7-2019 and prayed to dispose of the same in
accordance with law.
10. Therefore, after hearing both the parties, this writ
petition is being disposed of at the admission stage.
11. The resolution of the Trust Board of the TTD dated
26-5-2011 is made available at page 23 of the material papers.
A perusal of the same discloses that the following decision was
taken by the Trust Board:
"I. The staffing pattern as proposed in para (11) to (13) duly
creating the post of Pharmacy Superintendent, S.M.O. and
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Production Executives, redesignating the post of Technical
Supervisor as Medical Officer and upgrading of existing post
of Production Supervisor to Production Manager with the
scale."
12. Therefore, the grievance of the petitioner is that even
after creating a promotional avenue, the case of the petitioner
is not being considered for next higher post even though he is
eligible for the said promotion.
13. It is not disputed before this Court that
the petitioner has also submitted a representation dated
10-7-2019 to the 1st respondent to consider his case for
promotion in the existing vacancy. Admittedly, the said
representation is not considered and disposed of till now.
Therefore, in the said facts and circumstances of the case,
a direction to the respondents to consider the said
representation dated 10-7-2019 of the petitioner and dispose
of the said representation by passing an appropriate order to
that effect according to law would meet the ends of justice.
14. In the result, the writ petition is disposed of
directing the respondents to consider the representation dated
10-7-2019 submitted by the petitioner and dispose of the said
representation by passing appropriate orders to that effect in
accordance with law within a period of one month from the
date of receipt of a copy of this order. Pending applications,
if any, shall stand closed. No costs.
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CHEEKATI MANAVENDRANATH ROY, J.
07th August, 2019. Ak 5 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.10785 of 2019 07th August, 2019.
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