Andhra Pradesh High Court - Amravati
M Sumithra Naik vs The State Of Ap on 25 April, 2023
Author: U. Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
AND
HON'BLE SRI JUSTICE DR.V.R.K.KRUPA SAGAR
Writ Petition No.3568 of 2019
ORDER:(Per Hon'ble Sri Justice U. Durga Prasad Rao) The petitioner prays for Writ of Mandamus declaring the proceedings in order in Roc. No.534/2017-C.1, dated 16.11.2018 passed by the 2nd respondent rejecting the petitioner's representation dated 27.02.2017 for promotion to the post of Senior Assistant from the post of Junior Assistant is illegal, arbitrary and consequently direct the 3rd respondent to grant promotion as Senior Assistant taking into consideration the petitioner's eligibility.
2. Shorn of the unimportant details, petitioner's case is that by the year 2015 the petitioner was working as Junior Assistant in IV Additional Junior Civil Judge Court, Kadapa and due to the serious health hazards, he applied for medical leave. While so, on coming to know that on 25.05.2017 (sic 25.02.2017) interviews held for the post of Senior Assistant and as per the seniority list though his name was included in the seniority list he was not called for interview. He submitted a representation to Hon'ble the Chief 2 Justice for the State of Telangana and Andhra Pradesh on 27.02.2017 to direct the 3rd respondent to call the petitioner for interview and issue promotion for the post of Senior Assistant considering his service period of 26 years. The 2nd respondent issued impugned proceedings dated 16.11.2018 rejecting the petitioner's representation on the basis of reports of the 3rd respondent dated 12.01.2018 and 07.05.2018 on the ground that on the date of interview, the petitioner was un-authorizedly absent for the duties for a long period. Observations are factually incorrect and the reports of the 3rd respondent were not communicated to the petitioner and his explanation was not called for. The allegation that the petitioner was unauthorizedly absent is incorrect, on the other hand, due to ill health the petitioner applied for medical leave for a period of six (6) months and the 3rd respondent has issued proceedings vide Dis.No.5212/2018, dated 10.08.2018 and granted 280 days of Earned Leave and regularized the petitioner's absence. Therefore when once the Earned Leave was granted and petitioner's an-authorized absence was regularized, his service would be automatically counted and he shall be deemed to be in 3 continuous service. Therefore, the right of promotion shall not be affected. Hence, the writ petition.
3. The 3rd respondent filed counter and opposed the writ petition. The main allegations in the counter affidavit are thus:
(a) About 16 Senior Assistant posts were filled up on 16.09.2014 on promotion from the feeder category and the list is as follows:
Roaster Name of the Name of the Promotee and designation in Date of No. communal the feeder category promotion group 77 SC Sri S.Venkataramana Rao, Typist 16.09.2014 78 OC-W Sri Y.V.Chalama Reddy, Junior Assistant -do- 79 BC-A Sri A.Lakshmi Narasaimhan, Typist -do- 80 OC Sri D.Chandrasekhar Reddy, Junior -d0- Assistant 81 BC-A Smt. P.Thulasi, Field Assistant -do- 82 OC Sri A.G.Vara Prasad, Typist -do- 83 ST Sri M.Sumithra Naik, Junior Assistant -do- 84 OC-W Sri K.Rama Murthy, Junior Assistant -do- 85 BC-B Sri T.Sankara Rao, Junior Assistant -do- 86 OC Sri C.Hari Mohan Reddy, Junior Assistant -do- 87 SC-W No qualified candidate is available and hence carried forward 88 OC Sri G.Sambasivaiah, Field Assistant 16.09.2014 89 BC-D Sri S.Syed Saheb, Junior Assistant -do- 90 OC-W Sri K.Subbareddy, Junior Assistant -do- 91 SC No qualified candidate is available and hence carried forward 92 OC Sri S.Jeelani Basha, Junior Assistant 16.09.2014 In the above process of promotion, the writ petitioner who was working as Junior Assistant was promoted under R.P.No.83 4 earmarked for ST category following Rule of Reservation as mentioned in the above table.
(b) While so after affecting the said promotions, one Sri G.Sambasivaiah, Field Assistant, now working as Senior Assistant, submitted an application requesting to implement the provisions of G.O.Ms.No.100, dated 08.08.2013 in the promotions given on 30.01.2014 and to revise his seniority as he would have been promoted much earlier than Smt. P.Tulasi who was promoted from the feeder category of Field Assistant in R.P.No.81. While the said application of Sri G.Sambasivaiah was under consideration, the Hon'ble High Court addressed letter Roc.No.1683/2014-C1, dated 29.11.2014 stating that some of the existing Superintendents, Senior Assistants as on the date of issue of G.O.Ms.No.100 dated 08.08.2013 who were promoted from the post of Personal Assistant after 01.04.2003 were restructured as Stenographers Grade-I, Grade-II and Grade-III respectively which was contrary to the Government Order and High Court's instructions and directed to follow the instructions issued scrupulously and take consequential 5 steps in the matter within 15 days from the date of receipt of letter and to submit compliance report.
(c) In compliance of the instructions of the Hon'ble High Court in the letter dated 29.11.2014, the District Court Kadapa, re- designated certain Stenographers Grade-I, II and III as Senior Superintendents, Superintendents and Senior Assistants and in that exercise, certain Senior Assistants who were promoted earlier were reverted to their original feeder posts for want of vacancies and at that time, the Writ Petitioner Sri M.Sumithra Naik was also reverted to the post of Junior Assistant from the post of Senior Assistant as per proceedings of the District Court, Kadapa in Dis.No.9768 dated 30.12.2014.
(d) Consequent on the reversions as stated above, Sri G.Sambasivaiah, Field Assistant, now working as Senior Assistant has submitted an application dated 07.01.2015 through proper channel requesting to revise the orders of District Court, Kadapa and to reinstate him as Senior Assistant. The said application was considered and the individual was heard in person. Subsequently, 6 the promotions given on 30.01.2014 and 16.09.2014 were revised by the District Judge, Kadapa on paper, on 31.03.2016, by considering the candidates from the feeder category of Junior Assistant/Typist and Field Assistant as mentioned in G.O.Ms.No.100 dated 08.08.2013. The following is the revised list of Senior Assistant, as per seniority in the feeder category of Junior Assistant/Typist and Field Assistant at the ratio of 5:1 in the cycle of 6 vacancies.
Roaster Nature of Cycle as per 100 G.O. Name of the Promotiee
No. Category
I Cycle Started
66 OC(W) Junior Assistant/Typist Smt. V.Vijayalakshmi
67 OC Junior Assistant/Typist Smt. G.Jyothi
68 BC(D) Junior Assistant/Typist Sri T.Venkataiah
69 BC(B) Field Assistant Smt. P.Thulasi
70 BC(A) Junior Assistant/Typist Smt. K.Bhuvaneswari
71 OC(W) Junior Assistant/Typist Sri M.Umamaheswara Raju
I Cycle Completed (Died)
II Cycle Started
72 SC Junior Assistant/Typist Sri S.Venkataramana Rao
73 OC Junior Assistant/Typist Sri Y.Nagamallikarjuna Rao
74 BC(B) Junior Assistant/Typist Smt. D.Mangala Gouri
75 ST Field Assistant No ST candidate is available
76 OC Junior Assistant/Typist Sri Y.V.Chalama Reddy
77 SC Junior Assistant/Typist No eligible candidate is available
II Cycle Completed
III Cycle Started
78 OC(W) Junior Assistant/Typist Sri A.Lakshminarasimhan
79 BC(A) Junior Assistant/Typist Sri D.Chandrasekhara Reddy
80 OC Junior Assistant/Typist Sri A.G.Vara Prasad
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(e) The further case of the respondents is that after affecting the above promotions, further promotions to the post of Senior Assistants have been taken up in continuation of the above mentioned roaster points, basing on the seniority, eligibility and Roaster Points in respect of Scheduled Caste and Schedule Tribes by following Rule of Reservation, wherever applicable as per seniority list (Gradation List) available in the District Administration of the District Court, Kadapa. In the seniority, the writ petitioner did not come either in regular seniority or by following Rule of Reservation under ST community. Hence, his name was not considered for promotion as Senior Assistant during promotions given in April, 2017. The petitioner's contention that due to serious ill health, he applied for medical leave and he came to know that interviews were conducted for the posts of Senior Assistants as per seniority list, he was not called for interview is totally incorrect. In this connection it is submitted that on the Office Note dated 20.02.2017 placed before the District Judge, Kadapa to fill up 8 posts of Senior Assistants under the following roaster points, as per the cycle of promotion issued under 8 G.O.Ms.No.100, dated 08.08.2013, the District Judge, Kadapa passed order on 21.02.2017 to call for the Service Registers and Special Confidential Reports of eligible candidates. The Roaster Points for 8 posts of Senior Assistants are shown in the following table:
Sl.No. R.P.No. Feeder post
1. Cycle-II Field Assistant
R.P.No.75-ST
2. R.P.No.77-SC Junior Assistant/Typist
3. Cycle-III Field Assistant
R.P.No.81-BC.B(W)
4. R.P.No.82-OC Junior Assistant/Typist
5. R.P.No.83-ST Junior Assistant/Typist
6. Cycle-IV Junior Assistant/Typist
R.P.No.84-OC(W)
7. R.P.No.85-BC.B. Junior Assistant/Typist
8. R.P.No.86-OC. Junior Assistant/Typist
(f) While so, the following Junior Assistants/Typists/Field Assistants were called for interview at District Court, Kadapa on 25.02.2017 for selection to the posts of Senior Assistants vide Official Memo in Dis.No.1212, dated 22.02.2017. In the said Official Memo, Service Registers and Special Confidential Reports of the following individuals are also called for.
a) Sri M.Amru Naik, Field Assistant Senior Civil Judge's Court, Rayachoty.
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b) Sri M.Venkataramana, Field Assistant, Senior Civil Judge's Court, Rayachoty.
c) Sri C.Gangadhara Siva, Junior Assistant, Principal Junior Civil Judge's Court, Kadapa.
d) Sri P.C.Bala Anthony, Junior Assistant, Junior Civil Judge's Court, Kamalapuram.
e) Sri B.Ramanjaneyulu, Junior Assistant, Principal Junior Civil Judge's Court, Rayachoty.
f) Sri K.Venkataramana Reddy, Field Assistant, Junior Civil Judge's Court, L.R.Palli.
g) Sri D.Subbarayudu, Field Assistant, District Court, Kadapa.
h) Sri A.Narasmuhulu, Field Assistant, II Additional District Judge's Court, Kadapa at Proddatur.
i) Sri K.Eswar Reddy, Junior Assistant, Junior Civil Judge's Court, Jammalamadugu.
j) Sri K.Rama Murthy, Junior Assistant, Excise Court, Kadapa working on deputation in District Court, Kadapa.
k) Sri C.Harimohan Reddy, Junior Assistant, Principal Senior Civil Judge's Court, Kadapa.
l) Sri M.Sumithra Naik, Junior Assistant, IV Additional Junior Civil Judge's Court, Kadapa.
m) Sri M.Raghavendra Naik, Junior Assistant, Principal Junior Civil Judge's Court, working on deputation in Additional Junior Civil Judge's Court, Rayachoty.
n) Sri S.Syed Saheb, Junior Assistant, District Court, Kadapa.
o) Sri K.Subbareddy, Junior Assistant, Special Mobile Court, Kadapa working on deputation in Principal Senior Civil Judge's Court, Kadapa.
q) Smt. M.Amulya Mani, Junior Assistant, III Additional Junior Civil Judge's Court, Kadapa.
r) Sri G.V.Ramana Reddy, Typist, I Additional District Court, Kadapa.
s) Sri P.Nagaraju, Typist, Senior Civil Judge's Court, Proddatur. 10
t) Sri V.Nagamudu Swamy, Typist, District court, Kadapa. u) Sri S.Umar Hussain, Junior Assistant, Junior CivilJudge's Court, Sidhout.
v) Sri M.Srinivasa Guptha, Junior Assistant, Family Court, Kadapa.
x) Sri B.L.N.Prasad, Typist, I Additional Junior Civil Judge's Court, Kadapa.
y) Sri S.Srinivas, Junior Assistant, Junior Civil Judge's Court, Railway Kodur working on deputation in Principal Junior Civil Judge's Court, Rayachoty.
(g) It is to be noted that as per the above Official Memo, the writ petitioner was also called for interview and his name is mentioned in Serial No.12. When the notice was sent to the Court of IV Additional Junior Civil Judge, Kadapa where the petitioner was working at that time, the Presiding Officer addressed a letter in Dis.No.35, dated 25.02.2017 stating that he was forwarding the Service Register of the present writ petitioner but the individual was not working under him, as he was absconding from duty since 15.10.2016 and therefore he was not submitting the confidential report of the individual. Thereafter interview was conducted on 25.02.2017 and out of 25 candidates called for interview, except the candidates mentioned in Serial No.6 and 12, others were present. Serial No.12 relates to the writ petitioner and he was 11 absent. The District Judge passed the order dated 25.02.2017 to put up the file before the succeeding Officer. On 12.04.2017, 8 posts of Senior Assistants were filled up as follows:
1 R.P.No.75-ST Sri M.Amru Naik, Field Assistant 2 R.P.No.77-SC Sri C.Gangadhara Siva, Junior Assistant 3 R.P.No.81-BC-B(W) Sri D.Subbarayudu, Field Assistant 4 R.P.No.82-OC Sri K.Eswara Reddy, Junior Assistant 5 R.P.No.83-ST Sri K.Rama Murthy, Junior Assistant, (Adequacy reached, filled up with general seniority) 6 R.P.No.84-OC(W) Sri S.Syed Saheb, Junior Assistant 7 R.P.No.85-BC-B Sri K.Subba Reddy, Junior Assistant 8 R.P.No.86-OC Sri S.Jeelani Basha, Junior Assistant
(h) The respondents further contended that in the circumstances narrated supra, even if the petitioner attended for interview on 25.02.2017, he would not get promotion for the reason that he was not coming under the general seniority but he was called for interview following Rule of Reservation and that R.P.No.75 which was earmarked for ST was to be filled up Field Assistant as per cycle of 6 posts in the ratio of 5:1 from the feeder category of Junior Assistant, Typist and Field Assistant respectively. Further the cadre strength of Senior Assistants in the District Judiciary, Kadapa is 20 and the representation of STs at 6% comes to 1 post. When the R.P.No.75 earmarked for ST 12 community and the same was filled up by ST candidate from the Field Assistant feeder category as per the cycle issued under G.O.Ms.No.100, dated 08.08.2013, unless such candidate is further promoted or retired, there is no need to observe ST roaster in promotions of Senior Assistant, as the adequacy was already reached. As per G.O.Ms.No.2 Social Welfare (SW.ROR1) Department dated 09.01.2014, if adequacy representation already exists, the Rule of Reservation in promotions in favour of Schedule Castes/Schedule Tribes shall not be applied further.
(i) The further allegations of the writ petitioner are incorrect. For consideration of the application of the writ petitioner, the 2nd respondent called for remarks from the 3rd respondent and the 3rd respondent submitted remarks basing on the material available on record. The same was considered by the 2nd respondent and the application was rejected. There was no need for the 3rd respondent to communicate his remarks to the petitioner to call for his explanation.
(j) So far as the absence of the petitioner from the duties is concerned, the Principal Junior Civil Judge, Kadapa-FAC-IV 13 Additional Junior Civil Judge, Kadapa addressed a letter in Dis.No.181, dated 19.10.2016 stating that the writ petitioner applied for casual leave on 15.10.2016 and 17.10.2016 with permission to avail public holiday on 16.10.2016. Thereafter from 18.10.2016 he did not turn up for duty and no further extension application was submitted by him to the Superintendent of the said Court. On the said letter, a notice was issued to writ petitioner in Dis.No.7141 dated 24.10.2016 directing him to appear before the District Judge, Kadapa on 28.10.2016 at 5:00 PM. However the same was not served. While so the IV Additional Junior Civil Judge, Kadapa addressed a letter in Dis.No.183, dated 26.10.2016 stating that the individual was not attending to duty from 18.10.2016, but sent medical leave application dated 30.10.2016 through courier on 20.10.2016 and Officer directed to put up the leave application after the individual joins duty and solicited instructions from the District Court to serve the notice. On that another notice was issued to the individual with a direction to cause service of notice by deputing a responsible staff member. Notice dated 07.11.2016 was issued by the District Court, Kadapa 14 directing the individual to appear before the District Court, Kadapa on 17.11.2016 at 05:00 PM and the said notice was sent through Sri N.Chennaiah, Process Server and he returned the notice stating that the writ petitioner went to Hyderabad and his son M.Sai Kumar Naik received and signed on the notice. Thus, the individual had not attended the before District Court, Kadapa in spite of several notices. So, the District Judge initially appointed the Principal Junior Civil Judge, Kadapa as Enquiry Officer and later on her request, appointed the Judicial Magistrate of First Class, Special Mobile Court, Kadapa as Preliminary Enquiry Officer and the said Officer submitted his Preliminary Enquiry Report stating that the notice sent to the petitioner was not served on him as he went to Hyderabad and his son M.Sai Kumar Naik received the notice and on the date of enquiry i.e., 18.03.2017 the petitioner did not present physically nor represented by anybody. Hence another notice was issued directing him to appear before the Enquiry Officer on 25.03.2017 at that time the notice was received by the petitioner's daughter and on 25.03.2017 the petitioner was not present for enquiry. Thus, ultimately the Enquiry Officer 15 submitted that though opportunity was given to the petitioner, he has not attended for enquiry, and therefore a regular enquiry can be initiated against him.
(k) After receiving Preliminary Enquiry Report, Articles of Charge for unauthorized absence for duty from 18.10.2016 to 21.08.2017 was framed against the petitioner and sent to the IV Additional Junior Civil Judge's Court, Kadapa and the said Articles of Charge was served on the petitioner on 26.08.2017.
4. In the meanwhile the petitioner submitted leave application seeking Earned Leave for 15 days on medical grounds from 15.10.2016 to 30.10.2016; Earned Leave for three (3) months from 01.11.2016 to 31.01.2017 on medical grounds and those leave applications were kept in abeyance as per the orders of District Judge dated 17.10.2017.
(a) While the matter stood thus, the petitioner returned for duty on 11.09.2017 before the IV Additional Junior Civil Judge, Kadapa by producing medical fitness certificate. The IV Additional Junior Civil Judge, Kadapa permitted the individual to joint duty 16 subject to the ratification of the District Court, Kadapa. Ultimately the action of the IV Additional Junior Civil Judge, Kadapa was ratified subject to the proof of Article of Charge framed against the petitioner for his unauthorized absence during 18.10.2016 to 10.09.2017.
(b) While so, the writ petitioner submitted an application dated 11.09.2017 to the IV Additional Junior Civil Judge, Kadapa in the form of written statement to the Article of Charge stating that due to ill health, he was admitted in Osmania General Hospital, Hyderabad and later he took treatment at Vijayawada, Tirupati and Kadapa. After consideration of Preliminary Enquiry Report, Articles of Charge, application/explanation of the writ petitioner, and long duration of absence of the writ petitioner, the writ petitioner was awarded punishment of withholding of one annual increment without cumulative effect as per the proceedings of the District Court, Kadapa vide Dis.No.5211 dated 10.08.2018. He was granted Earned Leave for 285 days i.e., from 15.10.2016 to 30.10.2016 and from 01.11.2016 to 28.08.2017. He was also granted extraordinary leave without pay and allowances for 45 17 days i.e., from 29.07.2017 to 10.09.2017 vide proceedings of District Court in Dis.No.5212 dated 07.08.2018.
(c) In the above circumstances stated supra, the petitioner was not granted promotion as Senior Assistant as he did not get chance for promotion in the general seniority from the feeder category of Junior Assistant and so also he did not get chance by observing Rule of Reservation applicable to ST, since adequacy has already been reached by promotion one Field Assistant belonging to ST against R.P.No.75. On the date of interview, he was in unauthorized absence and nothing prevented him to attend interview held on 25.02.2017. The respondent thus prayed to dismiss the writ petition.
5. Heard arguments of learned counsel for petitioner Smt. K.Swarna Seshu, and learned Government Pleader for Law and Legislative Affairs representing the respondents 1 & 2, and Smt. A.Jayanthi, counsel for 3rd respondent.
6. The point for consideration is whether there are merits in the writ petition to allow?
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7. Point: Both the learned counsel reiterated their pleadings in their respective arguments. While the arguments of Smt. K.Swarna Seshu, learned counsel for petitioner is that in spite of the petitioner being eligible for promotion from the feeder category of Junior Assistant and his name was appearing in the list of eligible candidates, still he was not called for interview held on 25.02.2017 and therefore much injustice was caused to him, in oppugnation, learned counsel for 3rd respondent A.Jayanthi would argue that the petitioner's name was listed along with other eligible candidates for promotion to the 8 Senior Assistant posts available in the District Unit of Kadapa and his Service Register and Special Confidential Reports were also called for from the Presiding Officer of IV Additional Junior Civil Judge, Kadapa, but as during the relevant period, the petitioner was in unauthorized absence, the Presiding Officer sent only Service Register by communicating the said fact of his absence. The petitioner too did not appear for interviews in those circumstances. That is the first reason for his non-selection to the promotional post. Secondly and most importantly, she would submit, as per Rule of Reservation, only 19 one post of Senior Assistant was earmarked for ST category and the said post was filled up through the candidate in R.P.No.75 from the concerned feeder category of Field Assistant and as the reservation quota was completed, the petitioner could not be promoted under the reserved quota. In the general seniority the other category candidates were there and therefore he was not promoted in that context. Therefore even if he attended the interview on 25.02.2017, there was no possibility for his being promoted as Senior Assistant. Learned counsel would further submit that for his unauthorized absence a regular enquiry was called for and at that stage the petitioner submitted leave letters and requested to consider them and the learned District Judge on humanitarian grounds regularized his unauthorized absence by granting the leaves for which the petitioner was entitled and passed necessary orders to regularize his unauthorized absence, which took place long after the interviews and promotions to the posts of Senior Assistant. So the petitioner cannot carp that he was unjustly omitted though he was sanctioned leave and his absence period was regularized.
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8. We gave our anxious consideration to the above respective arguments. Admittedly in the instant case as per the office note dated 20.02.2017 placed before the District Judge, Kadapa, 8 posts of Senior Assistants which fell vacant were sought to be filled up by promotion of the candidates from the feeder category of Junior Assistants/Typist/Field Assistants by following roster points as per cycle of promotions issued under G.O.Ms.No.100, dated. 08.08.2013. The District Judge, Kadapa passed an order dated 21.02.2017 and called for service registers and special confidential reports of the eligible candidates. The roster points for 8 posts of Senior Assistants are as follows:
Sl.No. R.P.No. Feeder post
1. Cycle-II Field Assistant
R.P.No.75-ST
2. R.P.No.77-SC Junior Assistant/Typist
3. Cycle-III Field Assistant
R.P.No.81-BC.B(W)
4. R.P.No.82-OC Junior Assistant/Typist
5. R.P.No.83-ST Junior Assistant/Typist
6. Cycle-IV Junior Assistant/Typist
R.P.No.84-OC(W)
7. R.P.No.85-BC.B. Junior Assistant/Typist
8. R.P.No.86-OC. Junior Assistant/Typist
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9. For the above 8 posts, 25 eligible candidates including the petitioner (who was placed at Sl. No.L) from the feeder category of Junior Assistants/Typists/Field Assistants were called for interview at District Court, Kadapa on 25.02.2017 vide office memo in DIS No.1212, dated 22.02.2017. It should be noted that for STs, to which category the petitioner belongs, there is 6% reservation and since there are three feeder categories for promotion to the Senior Assistant posts, the reservation was applied on rotation basis and in that process out of 8 posts RP No.75 and RP No.83 were earmarked for ST candidates.
10. Be that as it may, pursuant to the District Court's instructions calling for the service registers and special confidential reports of the eligible candidates, the IV Additional Junior Civil Judge, Kadapa in whose court the petitioner was working at that time, sent a letter in DIS No.35, dated 25.02.2017 stating that he was forwarding only service register of the petitioner but not the special confidential report for the reason that the petitioner was unauthorizedly absent from duty from 15.10.2016. Hence interviews were conducted on 25.02.2017 and out of 25 candidates, 22 except the petitioner and other candidate, remaining candidates were present and the promotion to 8 posts of Senior Assistants was granted on 12.04.2017. It should be noted that the posts i.e., R.P No.75 and 83 earmarked for ST category are concerned, RP No.75 was filled up through a candidate who was a field assistant. Since with that post the adequacy of reservation of 6% of ST candidates was achieved, RP No.83 was filled up through a candidates belonging to general seniority and as the petitioner was far below in the general seniority, his case could not be considered. Thus the contention of the respondents that even if the petitioner attended the interview, the above position would have been the same and he could not get promotion to the posts of Senior Assistant, is well found. We find substantial force in the submission of learned counsel for respondents as in the selection procedure as narrated supra there was no violation of any statutory rule.
11. Added to above, as on the date of interview i.e., 25.02.2017 the petitioner was not on duty, rather he was in unauthorized absence for a long time since 15.10.2016. Ultimately, District Judge, Kadapa ordered departmental enquiry against him and on 23 petitioner's submission of application dated 11.09.2017, his unauthorized absence from 15.10.2016 till 10.09.2017 was regularized as per the proceedings vide DIS No.5212, dated 07.08.2018. Thus even long prior to the date of interview, the petitioner was absent from his duty and his unauthorized absence was condoned and regularized long after the date of interview and subsequent to promotions. Therefore the petitioner cannot clamour that he was unjustly not considered for promotion. Thus, at the outset we find no merits in the writ petition.
12. Accordingly, the writ petition is dismissed, however, with an observation that this order will not preclude the 3rd respondent from considering the petitioner for future promotion if he is still in service and eligible for promotion as and when the occasion arises. No costs. As a sequel, interlocutory applications, if any pending, shall stand closed.
__________________________ U. DURGA PRASAD RAO, J ___________________________ 25.04.2023 DR. V.R.K.KRUPA SAGAR, J NNN/KRK/MVA 24 HON'BLE SRI JUSTICE U. DURGA PRASAD RAO AND HON'BLE SRI JUSTICE DR. V.R.K.KRUPA SAGAR WRIT PETITION NO.3568 OF 2019 nnn/krk